If*      _  ) 


iri 


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THE 

WILLIAM  R.  PERKINS 

UBRARY 

OF 


DUKE  UNIVERSITY 


IS 


TRINITY  COLLEGE  LIBRARY 
DURHAM,  N.C. 


The  Gift  of_ 


Djte_ 


r.t  luo 


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Digitized  by  tine  Internet  Arciiive 
in  2010  witii  funding  from 
Duke  University  Libraries 


littp://www.arcliive.org/details/lawsofstateofmOOmiss 


LAWS 


OF  THE 


STATE  OF   MISSISSIPPI, 


PASSED    AT    A     REGULAR    SESSION 


OF  THE 


mSSI88IPPI  L£OISLiTlIRE, 


HELD  1^  THE 


CITY  OF    JACKSON,  November  &  December 
1861,  and   January,  1862. 


JACKSOK,  MISS. 
COOPER    4    KIMBALL,   STATE   PRINTERS 
18G2. 


'^JABLE    OF    CONTENTS. 

1^-  ^'  CfONS  riTUTION  Irom  page  17  to  43. 

CHAFTEK.  PAC». 

IAN  ACT  making  the  Treasury  Notes  issued  under  nn 
..  Ordinance  of  the  Slate  i'otivenlif.n.  receivable 

^^-f^^^  in    payment  of  dues  to  ihe  Stale  at  all  time«,    , 

before  and  after  ihr  period   fixed  fo-  their  r«- 

demp  ii  n,  and   for   olher  purposes '45 

to    chimge    the    time    of  holding  the   Probate 

(Jiturt  of  Hancock  county   4# 

3  to    legalize    the    Assessment  Returns  of  Yazoo 

and    Sunnovver    counties M 

i  lurthtfr    10    relieve  the    evils  ociasioned  by  the 

burning  ofihe  Court  House  of  Attala  county     AV 

5  to  aulhoiiz-'  the  Governor  of  the  Stite  of  Mis- 
sissippi to  acc'pt  volunteers  for  immediate 
servic'-  in  support  of  the  Cotifet'erate  troops 
at  Coiumlms,  Keritncky,  or  elsewhere  they 
may  le  ii''edi>d 48 

6  to  rt'duce  the  fees  of  the  (%)tntriissioner3  Off 
the  submerged  Irinds   of    Perry  county 4§ 

7  to  amend  an  act  entiiled  an  act  to  establish  in 
lliecfunlv  nf  Warren  an  Inferior  Court  of 
Criminal  jurisdiction,  approved  Februiry  1st, 
1861 50 

8  for  the  relief  of  Nelson  T.  Warren  of  Wash- 
ingion   county    51 

9  to  authorize  the  Iran- criling  of  the  Records 
ol  liinds  county 5J 

10  to  amend  section  two  ol  cha|)lcr  MKly-four  of 
the  acts  of  Noveuiber,  l-SU,  in  relation  to 
th  •  charterofthe  rity  of Vicksliurg 9sJ 

11  to  ciTiite  a  fund  for  the  support  of  destitute 
liimilies  <»l  Volunteers  in  this  Stale,  and  for 
(thcr    purposes 59 

12  to  provide  for  the  establishment  of  Hospitals 
ior  the  Mississipi  i  Troops,  and  for  other 
l>urpo.ses 56 

13  to  r«)i;firm  the  location  of  Swamp  and  Uver- 
fl()\ved  lands  in  Green  and  Jacksen  comities, 
«nd  for  oth^'r  purposes •....     59 

14  to  be  entitled  a>i  act  authorizing  the  issuance 
of  Treasury  Notes,  as  advances  upon  co  ton  ^5f 

15  RtfBolutioD  to  a|  p'-int  d.  legates  to  Southern  PlanlerB 
Cunvi  ntion  to  !>•'  held  at  iMempbis  on  the 
10th    D>'J    ••.r     18131     m 

10  apprcpriatin;;     cartridge    boxes  to  the    Smitk 

Quitman  Riflei •••••»#•••«««««••      •? 


11!  j  482 


TABLE  OF  CONTENTS. 

CHAPTER.  PAGE. 

17  AN  ACT  to  authorize  the  Chief  of  Ordnance  to  furnish 

acroutrements  to   Fireside  Defenders 67 

18  appointingcertain  Committees 67 

19  by   the  Legislature  of  the    State  ot  Mississippi 

in  relation  to  the  battle  of  the   2 1st  0(  tober, 
1861 68 

20  Joint  Resolution  to  fill  a  vacancy  in  the  Provisional  Con- 

gress of  the  Confederate  States 69 

21  Resolution  in  relation  to  furnishing  the  Neuton  Rebels 

with  cartridge  and  cap  boxes 6S 

22  AN  ACT  for  the  relief  of  Zenias  A.    Clark 70 

23  to  provide   for  the  collection  of  certain  arrears 

of  taxes  in  the  county  of  Jefferson 70 

24  to    reduce   the   fees  ofcertain  officers  in  Nesho- 

ba  county 71 

23  to   authorize  the   Board   of    Police  of    Smith 

county  to  appropriate  the  monies  arising  from 
the  sale  of  estrays  to  county  purposes,  die...      72 

26  to  define   and  punish  the  crime  of  the  fraudu- 

lent  removal  of  personal  property  under  mort- 
gage, pledge  or  deed  of  trust  and  liens  by 
judgment,    from     this    State    73 

27  Resolution  appropriating  cartridge  and  cap-boxes  to    the 

Lalayette  Sharp-shooters  and  other  Volunteer 
companies 73 

28  AN  ACT  to  extend  the  provisions  of  an  act  entitled  an 

act  to  prohibit  the  sale  andgratuitiousdistribu 
tion  of  vinous,  spiritous  and  fermenting  liquors 
within  four  miles  of  Westville  Seminary,  in 
Simpson  county,  and  for  other  purposes,  to 
Police  District  No.  3,  in    Simpson    county.     74 

29  to    amend    chapter  twenty  three  of   the  Revis- 

ed Code  so  far  as  regards  the  county  of 
Adams 74 

30  to  reduce   the  Salary  of  the  Probate  Judge    of 

Tishomingo  county 75 

31  to   amend    an   act  in  relation  to  the  charter  of 

Brooksville    75 

•32  to  amend  an   act  to  incorporate  the    Vernal 

Male  and  Female  Academy,  in  Greene  coun- 
ty,  and  for  other  purposes,  approved  February 

3,   1860 75 

33  to   reduce    the    salary  of    the  Probate    Judg« 

and  the  per  diem  of  the  Members  of  the  Board 

of  Police  of  Hancock  county 76 

34^Resolution  for  the  promotion  of  not  only  our  political  but 

material  prosperity   and  independence 76 

35  in  relation  to  the    Edwards  Guards,  and  Mc- 

Manus  Rifles 78 

36  granting  W.    H.  Clark  leave  of  absence  for 

sixty  days ' • 78 


TABLE  OF  CONTENTS  6 

CHAPTER.  PAGE. 

37  AN  ACT   to  authorize  Railroad  companies  in  this  State 

to  issue  notes  to  l>e  circulated  as  money.  ...     78 

38  to  amend   the  charter  of   incorporation  of  the 

BoartJ  of  Trustees,  lo  aid  in  establishing 
house  to  print  books,  &c.,  for  the  benefit  of 
the     Blind 81 

39  to  arr.end    the    common    school  laws  of  Yalo- 

busha   county 82  '^ 

40  in  relation  to  slaves. 82 

41  to  provide  for  the  safe-keeping  of  the   records 

and  files  of  the  late  Superior  Court  of  Chance- 
ry of  the  State  of  Mississippi 83 

42  to  legalize    the  levy    of  taxes   by  the  Board  of 

Policp.  of  Jackson  county,  and  (or  other  pur- 
poses      83 

43  to   repeal  an    act  entitled  an   act  to  incorporate 

the  proprietors  of  the  town  of  Montgomery,  in 
Holmes  county,  and  for  other  purposes,  ap- 
proved the  24th  day  of  February,   1836....     84 

44  to    repeal  so    much   <'f  chapter   6,  section    10, 

article  112,  ot  Revised  ('ode,  as  makes  per- 
sons ineligible  to  the  office  of  sheriff,  who 
shall  have  held  the  otlice  of  sheriiT  for  two 
preceding  terms 64 

45  to   reduce  the    salary  of   the  Probate  Judge  of 

Pike    county 84 

46  supplemental  to  an   act    entitled    an  act  to  au- 

thorize  the  (iovernor  o(  the  Stale  of  Missis- 
sippi to  accept  volunteers  for  immediate  ser- 
vice in  support  of  the  Confederate  troops  at 
Colunibus,  Kentucky,  or  elsewhere  they  may 
be  needed ." 85 

47  for  the  relief  of./.    Duncan  Pavi?,  of  Hancock 

County,  in  this  State 85 

48  to    amend  an  act    eniiiled    an    act  lo   regulate 

the  working  of  loads  in  Adams  county,  ap- 
proved   December   3,   1858 86 

49  to      rfdu<;e     the     couniy    lax    ot     Lauderdale 

county 86 

50  to    authoiize    persons   claiming  and  occupying 

certain  land  under  the  Trustees  of  Jeflerson 
College,  and  held  by  the  State  as  internal  im- 
provement land,  to  enter  the  same 87 

51  lo   rivive    ailicle  12,    chapter  8,  of  the  Revised 

Code,  so  (ar  as  it  relates  to  Jasper  county, 
and  for  other    purposes 88 

52  for    the    relief  of  Isham    Danslty,  of  Newton 

county 88 

53  to  limit  the  compensation    ol    the  'I'reasurer  of 

Tippah  county  .^.  4*.  i.  .ytst^ 89 


•1«T*82- 


ff  TABLE  OF  CONTENTS. 

CHAI'TEB.  PAOH. 

54  AN  ACT  to  secure  the  payn-ipnt  (("^"a!!  sums  borrowed  of 

the  s  hoiil    fund,     in     ((jwiiship    twenty-one, 
ran^^e  nine  ea^t,  in    Choctaw   county 89^ 

55  to  incorporaie  tiie  Farrall  Bridge  compmy..,.     90 

56  for    the    relief  of    the  Coinnxm    School  fund  of 

township    Iwenty  iwo.    ratsg**    eight,  east,  in 

('alhonn  coMiity 90 

.  57  ti>  reduo'"  ih    sulai  v  <>t  the    Probate    Judge    of 

Tippah    county 91 

58  to  nMiucc  till'    salarv  o'^  tlie    Probate  ludge  of 

Jones  cjuiiIv.  and   (or    purpo-^es 91 

50  to    reduce    the  salary  of    the  Probaie  Judge   of 

Amite    county 92 

60  ior  the  purpose  of  reducing  the  salaries  of  ceri. 

tain  officers  in    the  county  of  Perry 92 

61  to    reduce  the    salary  of  the    Probate  Judge  of 

Kemper  coun'y.  and  for  other    purposes....  98 

62  to  reduce  the  county  tax  of  Green  county.  ...  93 
631  ibr  the  relief <»{  I,.  J.  Lock,  of  Smith  county..  94 
64'                to  prevent  the  collection  of  double  taxes  and  for 

other  I  urposes 95 

65  to     appro|)riate    fines,    forfeitures,    license   and 

inonies  arising  from  the  sale  of  estrays    and 
runaway  slave?,  in  Jones  county. 96 

66  to  reduce  the    salary  of  the  Probate    Judge    of 

J<ata)ette    county 96 

67  to  reduce    the    salaiy  of  the  Probate  Judge  of 

Mariiit)   county 97 

68  to    sur^peod   the   col'ection   of   the   Vicksburg, 

Shieve,j'  rf  and  'IVxas  Railroad  tax  in  the  city 

ot  Vicksburg. , 97 

60  to  repeal  an  act  entitle-  an  act  in  relation  to 
the  Circuit  find  I'hancery  courts  of  Tishomin- 
go county,  pass-d  December  14th  1857 97 

70  for  the  puipose  of  arming  ('apt.   R.  A.  Pinson's 

Cavalry  company,  and  Capt.    Geo.    Barnes' 
Cavalry    company  ol   Warren  county 99 

71  to  am'-nd  the    (haiter  <f  the  city  of  Vicksburg  100 

72  f'^i"  the  relief ei  Andrew  1^.  Carson,  Tai-Gollec- 

tor  of  Washington  county 100 

73  to    amend  the    charter  of  the    New    Orleans, 

Jackson  and   Great  Northern  Railroad  com- 
pany    101 

74  to  aid  in  arming  and  equipping  a    regiment    of 

Cavalry  for  the  Confederate  service 102 

75  to  authorize  the  Governor  of  the  State  to  return 

to  the    Auditor   of   Public  Accounts  certain 

Auditor's  warrants  in    his  hands 102 

__„..i.;..„ .„:., ;„t;^„„  ♦Uo,^.;.,  .,omoi1        in?l 


TABLE  OF  CONTENTS.  7 

CHAPTBE.  PASH. 

79  AN  ACT  to  amend  an  act  entitled  an  act  to  define  the 

powers  of  thi^  county  Polic*  of  Corinsjton 
and  Piko  counties,  in  relation  to  the  tliree  per 
cent.  Fund,  approved  Fei)ruary  13,8846,  and 
lor  other  purposes 105 

80  to  extend  the  t>m©  for  the  collection  of  the  taxes 

of  the  current  fiscal  year 106 

81  for  the  relief  of  W.T.Hujrai.is 107 

82  for  the  relief  of  the  minor  heirs  ot'  NV.  D.  Clif- 

ton, deceased •  •  •   1® ' 

83  to  reduce  the  pay  of  offir-ers   holding  elections  108 

84  for  the  benefit  of  the  Mobile  and  Ohio  Railroad 

company    1 08 

85  for  the  relief  of  F.  Fox 109 

86  to  postpone   the    collection  of  forfeitures    until 

twelve  months  after  ih**  termination  ©f  the 
existing  war,  or  until  otherwise  directed   by 

87  for  the  benefit  of  William  Conner 110 

88  to  repeal  an  act    to  amend  an  act  to  secure  the 

interest  on  the  School  Fund  belonging  to  the 
counties  in  the  Chickasaw  cession,  so  far 
as  the  same  relates  to  the  c  unty  of  Calhoun, 
and  for  other  purposes,  approved  December  3, 
185U   and  for  other  purposes 110 

89  AN  ACT  to   le-'tore  to  market  certain  lands  therein 

mentioned H'^ 

90  to   lejjalize    the.    acts   of  tho  tax   assessors  of 

Winston  county,  Mississippi 112 

91  to  amend  the  Road  Laws  within   tho    limits   of 

Washington  county 113 

92  [o  reduce    the  Price    of  Swamp  and  Overflow- 

ed lands  in  the  county  of  Jackson 114 

93  to  encourage    the    Manufacture    of  Leather  in 

this  State 114 

94  to   legalize    the    Assessment    Roll    of    Hinds 

county  for  the  year  1861 1 14 

95  for  the    Relief  of    W.  P.  Raldwin,  of  Tippah 

county • 1 1"^ 

98  to  increase  the  pay  of  the   Sheriff  of    Warren 

county 11^ 

97  in   relation    to    the   School  Fund,  of  Greene 

116 


county. 


98  in    relation    to  the    School    Fund  of   Jackson 

county <^10 

59  to  invest  the  Probate  Court  of  Hinds  county, 
with  jurisdiction  in  the  matter  of  the  last  will 
and  testament  of  Jesse  W.  Morrison  ....  117 
100  to  declare  Rogue  Phaliah  and  its  branches,  in 
in  the  counties  of  Bolivar  and  Washington, 
navigable  streams 118 


8  TABLE  OF  CONTENTS. 

CHAPTKS.  PAGE. 

101  AN  ACT  to  amend  an   act  entitled  an   act  to   increase 

the  fee  for  apprehending  Runaway  Slaves  in 
the  counties  of  Tunica,  Coahoma,  Bolivar, 
Washington  and  Issaquena 119 

102  for  the  relief  of   William   H.    Browning....    119 

103  to  authorize    the    Board  of  Police   of  Bolivar 

county  to  remunerate  the  Clerk  of  said  Board 

for  extra  office  services 120 

104  for  the    relief   of   W.    D.  Baldwin,  of  Sun- 

flower  county,  and  the  Probate  Clerks  of 
Lauderdale  and  Jasper  counties 120 

105  to  reduce  the  price   of  Swamp  and  overflowed 

Lnnds  in   the  county  of  Jones 121 

106  to   legalize  the   assessment  roll   of   Neshoba 

county 121 

107  to   appropriate  one  thousand  dollars  to  repair 

and  improve  the  Governor's  mansion 122 

108  to    prevent  the    selling  of   intoxicating  liquors 

in  less  quantities  than  ten  gallons,  in  the 
town  of  Verona 123 

109  requiring  the  Boards  of  Police   of  the   several 

counties  to  examine  the  official  action  of  the 
commissioners  of  swamp  and  overflowed 
lands,  and   for  other  purposes 123 

110  to   reduce    the  salary    of  the  Probate  Judge  of 

Pontotoc  county 126 

111  to  amend  an    act    entitled  an   act  to  repeal  the 

common  school  law  of  Copiah  county,  &c., 
approved  December  6th,  ['*b9 127 

112  to  reduce   the  salary   of  the  Probate    Judge  of 

Yalobusha  and  Franklin  counties 127 

113  to  amend  the    Charter  of  the  City  of  Jackson    127 

114  to  reduce    the    salary  of  the  Probate  Judge  of 

Rankin  county 128 

115  to   authorize     James    C   Quinn,   Thomab    C. 

Rasberry  and  William  A.  L.  Harris  to  make 

a  will 128 

116  for  the    felief  of  O.  W.   Shipp,  of  Calhoun  co.   129 

117  authorizing   the  Auditor    to    issue  his    warrant 

on  the  treasury  for  seventy-one  dollars  and 
sixty  cents,  in  favor  of  Jackson  Gas  Light 
Company,  for  balance  due  on  chandaliers  and 
fixtures  furnished  the  State  Capitol 129 

118  for  the  relief  of  Thomas  S.  Parker,  of  Clarke 

county 130 

119  to  reduce    the    taxes  of  Hancock   county,  and 

for  other  purposes 130 

120  to  provide   for  the  defraying  the  Funeral   ex- 

penses of  the  late  Col.  E.  R.  Burt 131 


TABLE  OF  CONTENTS.  9 

CHAPTEH.  p^gj. 

121  AN  ACT  to  amend  an  act  entitled  an  act  to  regulate 
the  laying  out  and  working  of  roads,  the  os- 
establishment  of  ferries,  and  the  erection  of 
bridges,  approved  the  11th    February,  1856,   131 

122                 for  the  relief  of  W.  H.    Browning  and  Tho- 
mas W.  Deason , ]  32 

^23                  for   the   protection   and   defense   of    the    Sea- 
coast  of  the  Stale  of  Mississippi 132 

124  to  amend  the  law  of  evidence   in  criminal  cases  133 

125  to    prohibit   the  assessment    and   collection    of 

taxes  on  Bowie-knives,  Sword  canes  and 
Dirk  knives I34 

126  to  amend  the  laws  in  relation  to  the  State  Uni*- 

versity 234 

127  (or  the  relief  the  Rofrister  and  Receiver  of  the 

Land  Office  at  Washington  Mississippi....   135 

128  to  provide  fer  the  payment  of  the    Confederate 

States  Tax j  3(5 

129  to  amend  an  act  entitled  an  act  to   incorporate 

the  town  of  Canton,  and  to  re|)eal  all  former 
acts  incorporating  the  same,  and  all  acts 
amendatory  (hereof. !  138 

1^^  ^0    legalize  the  Assessment  of  Taxes    for   the* 

year  1861 141 

^^1  'o  provide  for  Indexing  the  papers  in  the  Pro- 
bate Offices  of  Lauderdale  and  Warren 
counties,    and  for  other  purposes 142 

^^2  to  abolish  the  Military  Board  of  this  State 142 

^^^  f"  regulate  the  payment  of  certain  money  into 

th'  State  Treasury 143 

134  to  prevent  unreasonable  speculation  in  certain 

commodities 14^ 

^'^^  to    aid    in  arming  and    equipping  the  Cavalry 

Company  of  Capt.    J.   T.  McHee I45 

136  to  suspend  the  collecton   of  all   Taxes   for  the 

year  1862,  upon  lands  heretofore  purchased, 
or  which  hereafter  may  be  purchased  by  the 
Level'  Commission.-rs,  or  by  the  Treasurers 
ol  any  special  levee  fund,  in  the  countic.-  of 
'lunica,  Coahoma,  Bolivar,  Washington,  Is- 
snquena,  'I'iillahalchic,  DeSoto,  Sunflower, 
i*ai)oIa  and  Vazoo I4g 

137  to  incorporate  the   Bank  of  Jackson  and'oVher 

Banks I4y 

^^®  to   provid"  aaainst  the  application    of  any  law 

susp  i.oiiig  or  postponing  th'j  collection  of 
any  general  or  special  lax  whatever,  in  this 
State  to  the  Military  tax  imposed  by  the 
Ordinance  of  ilie  recent  sovereign  Conven- 
tion,  entitled  an  ordinance  to  raise  means  for 


10  TABLE  OF   CONTENTS. 

COAPTBR.  PAGB. 

the  (itffnse  «t  the  State,  Adopted  January 
•26ih,  1861 163 

139  to  authorize  the  Tax  Collector  to  receive    cer. 

Hunk  Notes  in  payment  of  the  State  and 
County  'I'axeg  for  the  year  1861 164 

140  to  rpvise  and  rt^duce  into   one   the  Militia    and 

Volunteer  l^aws  of  this  State 165 

141  supplemental    to   an    aft  passed  at  the  present 

session  of  tl  e  Legislature  entitled  an  act  to 
revise  and  reduce  into  onf.  the  Militia  and 
Volunteer  Laws   of  this  State 193 

142  to  suspend  for  a  limited  period  some  of  the  pro- 

visions of  art.  4,  chapter  9,  of  the  Code,  so 

lar  as  they  relate  to  the  county  of  Marion. .    196 

143  to   prevent  Hawking  and  Peddling 195 

144  to   remove  the  civil  disabilities    of  Knight  Ed- 

wards,  of  Choctaw  county,  no  far  as  to  render 
him  legally  qualified  to  act  as  executor  of  the 
last  will  and  tes'ament  of  his  father,  Ed- 
ward Jjdwards,  deceased,  late  of  Choctaw 
county 196 

145  to  legalize  the  assessment  rdl  of  Wayne  coun- 

ty, and  for  the  relief  of  the  Assessor  of  'fax- 
es of  said  county 196 

146  for  the  relief  of  Hugh  McDonald,  of  Neshoba 

county..... 197 

147  to  confirm    the   location    of  swamp   and  over- 

flowed lands  of  Newton  county,  and  for  other 

purposes 1 98 

149  to  confer  discretionary  power  on  the  Board 
of  P'  lice  of  Pike  county,  in  relation  to  the 
free  Negroes  of  said  county 199 

149  to  authorize    the   President   of  the    Boards    of 

Trustees  of  School  Funds  to  qualify  their 
own  body,  &;c 199 

150  f  r  the  relief  of  debtors  to  the  School  fund    of 

th'  several  counties 200 

151  to  change    the    lime  of    holding    the    Probate 

Coui I  of  Pike  county 200 

152  to  provide  for  payment  of  costs  in  prosecutions 

against  slaves 201 

153  to  authorize  the  Sale  of  the  Sixteenth  Section 

<»f  School  Lands  belonging  to  thai  portion  of 
Tunica  county  included  in  the  Choctaw  pur- 
chase, in  order  to  consolidate  the  Chickasaw 
and  Choctaw  School  fund  of  said  county. . .   308 

154  to  autlaorize  and  require   the  Clerk  of  the^^Cir- 

cuit.  Chancery  and  Probate  Courts  of  Harri- 
son county  to  remove  the  records  and  papers 
of  his  office,  and  for  other  purposes 203 


TABLE  OF  CONTENTS. 


11 

f"'*?-. ..      _-,:„f  ^f  w    a  Martin  of  Lafaycti 

155 


'"'TnXcT  for  the   relief  of  W.  G.  Martin  of  Lafaye.to  ^^^^ 


256  to  SuhV  "amount  ot  the   levy  of  the    county 

tax  tbr  Green  county,  for  general  purposes . .    --04 
157  for  the  relief  of  the  Shcff  and  County  I  rea» 

„,er  ot  Leake  and  Attala  counties........   ^"^^ 

1^8  for  the  benfil  of  the  Pan<.la  Cavalry  and      lila- 

^^^  to.-.a  Grey-,    the  first    cun.nmnde^by  U.pt. 

W.  G.  Middleton   the  sec-nd  by  W.  b.  t>sk.   ^^^ 

159  in  'reSi'on't'J  Ihe  'n'a'vIgJ.ion  of  Dee^  Creek  hj 
^  Keel.b-.ats  aiul  other  wai er- craft,  ko    far  a. 

the  same  relates  to  the  county  of  L^saquena,  -06 

160  to  authorize  Uebecca  Collins  to  convey  certain  ^^^ 

161  to  l"n^!ve'  t'he  'diVabilitu's  of  minors   in  certaiti  ^^^^ 

162  to  iure«d'a.Vact'tMuVVed'an  *uct  to   incorporate 

the    Central  Mississippi  Female  College    m 
,he  town   ol   Lexiofztun,  Holm.-s  county,  ap- 

proved    February  25ih,  1854..... 208 

'  1  .     .^iiii.xl  nil  •\ci   to  incorporate 

163  'o  r^'Pe*'  '^'^  *'-V  lo  .  u    ,  ^^^ 

the  town  of  Guihuin • •/ 

164  to  extend  the  lime  f.r  the  payment  of  taxes  m 
the  office  ..i  thr  Aud.ior  ot  Public   Accounts 


165 


l.y  perM-ns  owning  property  m  counties  in 
which  they  do  not  reside . .  ...  • . .  ...•••  ;  • 
tu  change  the  nan.e  of  Rose  Lhzibeth  Chm- 
,i„e  Pradai,  Alice  Ca-oline  Arcene  Pradat, 
NiahildeL-.uisH  Pradat.  and  (  amielle  Chris- 
tr,nh    imunuel  Pradat,  and  lot  o.her  purposes  210 


166  to  author  ze  William  Noel,  administrator  ol  the 

*  es.ate  «f  Siimoel  Sample,    deceased,    to  pur-   ^^^ 
chase  ceriain  land •  *  • 

167  .upi.lemental  lu  an  act  entitled  an  act  to  author- 

*  iie  Railroad  (  umpanies  in  this  State  to  is.ue 
notes  to  be  circulated  as  money,  approved, 
December  iOih,  1861 '' V  "  "c' I' 

,68  fortke    relief  ot  J.  S.    Yerger,    Judge    of  the 

Third  Ju  ii^-cial  District  of  the  State  of  M.b-  ^^^ 

169  Resolution  in  relation  to   •''""'"^/^  y'''/' '  ' ,• ';-,V; '( Vim*    ^^'^ 
70  AN    ACT  to  increase  the  pay  of  the  Clerk  of  the  C  rim- 

inal  Com  t  of  Warren  c<.un;  v  . .  •  • .  •  •  •  •  •  •  •  •    ^  ^-^ 

171  toan.end  chapter  eighth  ot  the  Revised   Code 
'  entitlfd  an  act  establishing  the  fees  ol  certain 

officers,  so  lar  as  relates  to  the  Clerks  of  the 
Chancery  and  Probate  Courts  of  Adams  co.    215 

172  to  remove    the    civil    disabilities  of  Joseph   D. 
*  '^    ■—    -  --i-^^    »r  Panola  county. ^to 


12  TABLE  OF  CONTENTS. 

CHAPTER.  PAGE 

173  Resolution  requiring  the  Keeper  of  the  Capitol  to  dia- 

tribute    certain   books  to    the   Clerk   of  the 
Circuit  Court  of  Warren  county .  j 217 

174  in  relation  to  the  State  Treasurer 217 

175  in  relation  to  the  shipment  of  cotton 218 

176  ^  authorizing  the  Governor  to  use  certain  moneys  2 18 

177  Resolution  relating  to  claims  against  the   Lunatic  Asy- 

lum    219 

178  AN  ACT  for  the  relief  of  Edwin  J.   (Joleman,  a  mi- 

nor of  Bolivar  county,  Mississippi,   and  for 
other  purposes   219 

179  Resolution  in  relation   to    the   Wompn  of  the  State  of 

Mississippi  and  the  Confederate  States 220 

180  in  relation  to  the  twelve  months  volunteers 
now  in  service 220 

181  AN  ACT  for  the  benefit  of  James  McAmis    221 

182  Memorial  of  the  Legislature  of  the   State   of  Mississip- 

pi to  the  Congress  of  the  Confederate  States  221 

183  AN  ACT  for  the  relief  of  Miles  H.  McGehee 222 

184  to  provide  compensation  to  Mrs.  Lucy  A. 
Burt,  for  extra  services  performed  by  the  late 
E.  R.  Burt,  during  his  official  term  as  Audi- 
tor     222 

185  for  the  relief  of  John  White,  of  Chickasaw 
county , 223 

186  to  amend  an  act  entitled  an  act  to  suspend 
the  collection  of  the  ten  cent.  Levee  Tax,  in 
certain  counties 224 

187  Joint  Resolution 225 

188  AN   ACT  to  It^iralize  and  confirm  the   sale  of  certain 

lands  in  Neshoba  county 226 

189  Resolution  authorizing  the  State  Librarian  to  purchase 

certain  books 226 

190  AN  A'.T  to  procure  Agricultural  and  Mechanical  Sta 

tistics,  and   to  excite  a  spirit  for  Agricultural 
Progress  throughout  the  State 227 

191  to  provide  fiir  the  defenc  •  of  the  country. . . .   228 

192  J  -int  Resolution 230 

193  AN   ACT  in  relation  to  taxfs  on  the  property  of  Alien 

Enemies  liable  to  sequestration 230 

194  to  provide  for  the  collection  of  Arms 232 

195  to  authorize  the  Mississippi  and  Tennessee 
Kailroad  Company  to  construct  a  branch  road 
through  the  counties  of  Tallahatchie.  Car- 
roll, Holmes,  Yazoo,  and  Madison,  and  for 
other  purposes 234 

196  to  suspend  for  a  limited  time  certain  parts  of 

the  Statute  of  Limitations  235 

197  to  amend  chapter  6,  section  7,  article  82  of 
the  Revised  Code,  in  relation  to  compensa- 
tion for  printing  bills,  resolutions.  Ate 236 


TABLE  OF  CONTKNTS.  13 

CHAPTER.  PAGE. 

198  to  refund  certain  moneys 236 

199  for  the  relief  of  L.  J).  Rhodes,  Sheriff  of 
Rankin  county 237 

200  AN  ACT  to  authorize  C.  F.  Hamer  to  manumit  his  ser- 

vant,  David  Wooldridge 238 

201  to  amend  an  act  entitled  an  act  to  authorize 
Railroad  Companies  in  this  State  to  issue 
notes  to  be  circulated  as  money,  approved 
December  20th,  1861,  and  the  supplement 
thereto,  approved  January  22,  1862 238 

202  for  the  relief  of  Amos  P.  Kvans,  of  Wayne 
county 239 

203  to  amend  the  sixty. second  chapter  of  the  Re- 
vised Code,  entitU'd  "  an  act  in  relation  to 
Chancery  Courts,"  and  (or  other  purposes..    239 

205  for  the  relief  of  Thomas  I).  Lewis 240 

204  to  authorize  a  tax  to  be  levi-^d  oti  ^ates  erect- 
ed  on  public  roads  in  the  (•<■  miirh  of  liolivar, 
Washington  and  Issaquena,  and  other  coun- 
ties     240 

200  to  provide  for  leveeing  Township  14,  of  range 

1  east,  in  the  county  of  Warre  i 241 

207  supplemental  to  an  act  approved  December 
16tb,  1861,  entitled  an  act  to  create  a  fund 
for  the  support  of  destitute  families  of  volun- 
teers in  the  State,  and  for  other  pu-poses...   243 

208  AN  ACT  for  the  relief  of  J.  B.  Massie 244 

209  supplemental  to  an  act  midxinjj;  the  Treasury 
Notes  issued  under  an  ordinance  (>f  the  State 
Convention,  receivable  in  payment  of  dues  to 
the  State  at  all  times  before  and  after  the 
period  fixed  for  their  redemption,  and  for  other 
purposes 244 

210  for  the  relief  of  G.  G.  'i'orrey,  of  Bolivar 
county 245 

211  to  prohibit  improper  allowances  by  the  Boards 

of   Police 245 

212  to  amend  article  11,  section  4,  of  chapter  39 

of  the  Revised  Code 246 

213  for  the  relief  of  certain  free  persons  of  color, 
known  as  the  Clark  family,  and  for  other  pur- 
poses   246 

214  supplemental  to  an  act  passed  at  the  present 

session  of  the  Legislature,  entitled  an  act 
authorizing  the  issuance  of  Treasury  Notes 
as  advances  upon  Cotton 247 

215  for  the  relief  of  H.  J.  Terrill 248 

216  to  grant   public   lands  to  the  Gulf  and  Ship 

Island  Kail  Road  Company,  and  for  other 
purposes 248 


14  TABLE  OF  CONrENTB. 

CHArXBR  PAGE. 

217  AN   ACT  to  prevent   the    sale  o{  vitious   or   spirituous 

liquor  within  tire  mWcs  of  Morton,  in  6cott 
coiJtilj,  in  a  less  quantity  than  ten  gallons  250 

218  to  amend  an  act  entitled  an  act  to  charter  the 

Holly  Springs  and  Hickory  Flat  Plank 
Koad  or  I'urnpike  Company 251 

219  to  repeal  the   gallon   law,  so  far  as  it  relates 

to  the   town  of  Entorprize,   in  the  county 

of  Clark 252 

220  entitled  an  act  to  amend  an  act  toamond  and 

reduce  into  one  the  act  incorporating  the 
city  of  Natchez,  and  the  several  acts 
amendatory  thereto,  approved  March  1st, 
1854 253 

221  in  relation    to  the   landing   of    freight   from 

steamboats  at  latidings  at)  the  Mississippi 
river  within  the  litnit*  of  this  State 254 

222  to  di'frav  the  funeral  expei!.*e»  <if  the  late  Col. 

IS.  M.  Philips 255 

223  for  the    relief   of  A    .1.  Walker,  of  Calhoun 

count  J ....   255 

224  to  provide   fnr  an  appropriation  of  live  thou- 

sand d(>lldis  to  pun-ha.HC  pistols  and  sabres 
for  ihn  i  isliorningo  Ranges,  «  company 
rai.-<e(i  for  the  war 256 

225  to  revive    a   charier  for  bridge    «tid    turnpike 

granted  to  .1.  D.  Brook^^  in  1H56 257 

226  to  authorize    the   Judge    of    Probate    in    the 

county  of  Scoti  to  hold  a  Probate  < 'ourt  io 
siiid  C(  unly  the    first  Monday  in  ench  m'th  257 

227  to  arm  and  equip  Captain    K.  G.  Wheeler's 

cavalry  comj.any,    the  Polk  Rangers,  now 

in  camp  at  Columbus,   Kentucky 258 

228  to  aniend  chapter  60,    Revised  Code,  entitled 

an  act  [)roviding  for  the  establishment  of 
the  Probate  Cuurts.  and  for  prescribing  the 
mode  of   proceeding  therein 258 

22P  for  the  relief  of  VV'm.  R.  Wynn,  minor,  heii* 

of  Wm.  Wynn,  deceitsd 259 

23(1  for  the  relief  of  the  ndnor  heirs  of  Mrs,  E.  S. 
Rrungarde,  deceased,  and  for  other  pur- 
poses 259 

2$l  in  relation  to  the  Private  Secretary  of  the 

Governor,  and  for  other  purposes 260 

232  to  amend  the  fifth  section,  chapter  three  of  the 

Revised  Code 261 

2SS  supplemental  to  an  act  passed  at  the  present 

gession  of  this  Legislature,  entitled  an  act 
to  provide  for  the  Mtablishment  of  Hospi- 


TABLE  OF  CONTENT-*.  15 

PAGE 

tals  fer  the  Mississippi  troops,  and  forotht'r 
purposps n' V  * 

234   \N   ACT  granting  leate    of  absence  to  the    Probate 

Judge  of  TallahalcViie  county -so- 

035  to  extend  an  act  entitled  an  act  (o  regulate 
the  fees  of  the  Clerk  of  the  Circuit  and 
Chancery  Courts  of  the  county  of  Hinds 
to  the  county  ol    Wa>hingion. 263 

236  to  amend  an  act  «-ntitlei1  an   act  to  incorpo- 

rate  the  Mississippi  Central  Railroad  Com- 
pany, approved  10th  March,   1862 263 

237  in  relation  to  the  publication  of  le^ial  notices  264 

238  to  suspend  the  collection  of  the   Mobilaand 

Ohio  R^il  Koad  tax,  in  th?  county  of  Kem 

264 

per 

239  to  be  entitled  an  act   making  certain    appro- 

prialiona  therein  named 26o 

240  f«r  the   relief  of  the    Judges  of  the    iMrcuit 

Court  of  thi-  State,   in  certain  cases 266 

241  to  direct  the    RegLter  to  sell  certain   Lnnds 

(oThonias  ^.  Rec^ 266 

242  to  amend  an  act  approved  February  28,  1856, 

entitled  an  act  to  amend  an  act  approved 
March  10,  l'?52.  fi.r  the  reclamation  of  the 
swamp  and  overflowed  public  lands,  and 
for  the  improvement  of  th**  navigation  of 
the  various  rivers  and  stream?  in  this  State, 
so  far  as  the  same  relates  to  the  county  of 
Choctaw,  and  f  >r  «ther  purposes 267 

243  for  the   relief  of  William   Rice  Hooker,  a  mi- 

nor,  of  Hinds  county 269 

244  to  amend  an  act  entitle  i  an  act  to  incorporate 

the  Town  of  Oakland,  in  Yalobusha  coun- 

ty,  approved  Ft'.l)ruaty  28,  1S4S.  ........    270 

245  to  remove  th-'  civil  di.^aljili  i''s  ot  John  lOstelle 

Tarplry,  a  minor,  of  the  county  of  Hind--, 
so  far  as  to  allow  him  to  make  a  last  will 
and  le-tament •   2'1 

246  to  remove   ILe  civil  disabilities   ot    Shepherd 

Washin»;t<.n,  a  minor,  of  the  county  of 
Hinds,  so  far  a»  to  enable  liim  to  m  ke  a 
last  will  and  tfstament ,"  "  : ^^^ 

247  in  relation  lo  suits  peniing  m  which  tlien  en-      ^ 

emie*  are  plaintifis 2*2 

248  to  am.'nd  the  third  section,  chapter  forty-eight     _ 

of  the  Revised  Code    •  •  •   -''-* 

249  to  arm  Cup-'^'n' J.  W.   Barneit    and   Robert 

MuldrowV  I  atalry  Companies  now  m  the 
•errice  of  iuo  Confederate  States 2 4  ;i 


16  TABLE  OF  CONTENTS. 

CHAPTER.  PAGE. 

253  AN  ACT  in  relation  to  testimony  in  certain  cases....  273 

251  in  relation  to  the  State  Lunatic  Asylum....  274 

252  to  amend  article   58,  section  11,  chapter  33 

of  the  Revised  Code,  entitled  an  act  in  re. 
lation  to  slaves,  free  negroos  and  mulattoes  275 

253  to  provide    for    the    accommodation    of   the 

(/ourts  of  the  C/Onfederate  States 275 

254  to  authorize   the  Board  of  Police   of  Tisho- 

mingo  county  to  sell  the  Poor  House  and 
Ian  .s  connected  therewith 276 

255  to  repeal  an  nc.l  entitled  an  act  to  prohibit  the 

sale  of  spirituous  and  vinous  liquors  in  the 
town  of  Houston,  in  the  county  of  Chicka- 
saw, approved  December  3d,  1858 277 

256  to  legalize    the  assessment  of   taxes  in  the 

county  of  Lawience,  for  the  year  1861 .  . .   277 

257  in  relation   to  evidence   of    title   in    certain 

cases....    277 

258  to  amend  chapter  64,  section  10,  of  the  Re- 

vised Code,  relating  to  the  circulation  of 
small  bill*,  and  for  other  purposes. ......   278 

259  in  relation  to  ihe   Penitentiary 279 

260  for  the  relief  of  AV.  F.  Stearns,  T.  J.  Whar- 

ton,  and  the  Estate  of  D.  Mayes,  deceased  280 

261  to  regulate  the  action  of  the  Police  Courts, 

in  certain  cases 281 

262  to  legalize   the  assessment  of  taxes  in  the 

county  of  Warren,  for  the  year  1861,  and 

for  other  purposes 282 

263  for  the  protection  of  Robert  D.  Haden,   Re- 

ceiver of  Public  Monies  at  Columbus, 
Mississippi,  and  his  securities,  and  for  other 
purposes 282 

264  making  certain  appropriations  therein  named  283 

265  authorizing  the   issuance  of  Treasury  Notes 

on  behalf  of  the  State 286 

2G6  to  amend  the  charter  of  the  Columbus  Life 

and  General  Insurance  Company,  and  the 
Mississippi  Mutual  Insurance  Company. ..  288 


CONSTITUTION 


STATJE  OE    MISSISSIPPI. 


Article    I.  Declaration  oi  rights.      j  §    V.  Executive  Department;  militia. 
II.  Distribntion  of  Powers.    |      Vl.  Impeachments. 
in.  Lesishitive  Department.      VII.  General  provisions  ;  slaves. 
IV.  Judicial  Department.       |  Amending  Constitution;  schedule 


ARTILE  I. 

DECLARATION  OF   RIGHTS. 

That  the  general,  great  and  e'ssential  principles  of 

liberty  and  free  government  may  be  recognized 

and  established,  ave  declare  : 

Section  1 ;     That  all  freemen,  -when  they  form  a 
social  compact,  arc  equal  in  rights ;  and  that  no    ^^"*'>*^y 
men,  or  set  of  men,  are  9ntitled  to  exclusive,  sepa-  ^.^^  richts 
rate  public  emoluments  or  privileges  from  the  com- 
munity, but  in  consideration  of  public  services. 

Sec.  2.  That  all  political  power  is  inherent  in 
the  people,  and  all  free  governments  are  founded  on 
their  autliority  and  established  for  their  benetit ; 
and,  tlierefore,  tliey  have,  at  all  times,  an  inalien- 
able and  indefeasible  right  to  alter  or  abolish  their 
form  of  government  in  such  manner  as  they  raay 
think  expedient. 

C— 1 


18  CONSTITUTION  OF   MISSISSIPPI 

Sec.  3.  The  exercise  and  enjoyment  of  religious 
Religious  profession  and  -worship,  withoutdiscrimination,shall 
worship,  ibrevev.  be  free  to  all  persons  in  this  State :  Pro- 
ricZerf,  Tliat  the  right  hereby  declared  and  establish- 
•ed  shall  not  be  so  (*onstriied  as  to  excuse  the  acts 
of  licentiousness,  or  justify  practices  inconsistent 
with  the  peacc«and  safety  of  the  State. 

Sec.  4.  No  ])referei\ce  shall  ever  be  given  by 
law  to  any  religious  sect  or  mode  of  worship. 

Sec.  5.  That  no  person  shall  be  molested  for  his 

opinions  on  any  subject  whatever,  nor  suffer  any 

civil  or  })olitical  incapacity,  or  acquire  any  civil  or 

political  advantage  inconsequence  of  such  opinions 

except  in  cases  provided  for  in  this  constitution. 

Sec.  6.  Every  citizen  may   freely  speak,  write 

Freedom  .^^^^|  publish  his  t<cntimenls  on   all    subjects,  being 

o  speec  1.  j.gcspousible  for  the  abuse  of  that  liberty. 

Sec.  7.  No  law  shall  ever  be  passed  to  curtail 
or  restrain  the  liberty  oi  speech  or  of  the  press. 

Sec.  8.  In  all  prosecutions  or  indictments  for 
libel,  the  truth  may  be  given  in  evidence;  and  if  it 
Truth  to  dial  I  ai^pe^ir  to  the  jury  that  the  matter  charged  as 
be  given  libelous  is  true,  and  was  published  with  good  mo- 
in  evidncc  ij^j,^  .^^^^l  foi-  justiliable  ends,  the  party  shall  be 
secutions  '^(^q^iittcd  ;  and  the  jury  shall  have  the  right  to 
for  libel?    determine  the  law  and  the  facts. 

Sec.  it.  That  the  ])Cople  shall  be  secure  in  their 
))ersons,  houses,  papers  and  possessions,  from  unrea- 
sonable^ seizures  and  searches  ;  and  that  no  warrant 
to  search  any  place,  or  to  seize  any  person  or  thing, 
shall  issue  Avitliout  descr]l)iug  the  ])lace  to  be 
searched,  and  llic  }icrson  or  thing  to  be  seized,  as 
nearly  as  may  l)o,  nor  witliout  proba1»le  cause,  sup- 
ported by  oathor  aflirmntion. 

Sec.  10.  That  ill  all    criminal  pioscciitions,  the 
rn,  accused,  hatli   a  right  to  be  heard  l\y  iiimsclf,   or 

sad°*how  counsel,  or  both  ;  to  demand  the  nature  and  cause 
beard  and  of  the  accusation  ;  to  be  confronted  liytiic  witnesses 
convicted,  against  him  ;  to  have  a  com])ulsory  process  for  ob- 
laining  witnesses  in  his  favor  ;  and  in  all  prosecu- 
tions, by  indictment  or  information,  a  speedy  and 
publio, trial  by  an  impartial  jury  of  the  country 
whore 'the  olYencc  was  connni tied  ;  that  he  cannot 
be  compelled  to  give  evidence  against  himself;  nor 
can  he  be  deprived  of  his  life,  liberty  or  property, 
but  by  duQ  course  of  law. 


CONSTITUTION  OP  MISSISSIPPI.  19 

Sec.  11.  No  pei  son  shall  be  accused,  arrested 
or  detained,  except  in  cases  ascertained  by  law,  and 
according-  to  the  form  whicli  the  same  has  pro- 
scribed ;  and  no  person  shall  be  punished  ))Ut  in 
virtue  of  a  law  established  and  promulgated  prigr 
to  the  offence,  and  legally  applied.  . 

Sec.  12.  Tliat  no  person  shall,   for  an  indicta-     Pi-oceed- 
ble  offence,  be   proceeded   against   criminally  by  ings  in  in- 
information,  except  in  cases  arising  in  the  land  or  d  i  c  table 
naval  forces,  or  in  the  militia,  when  in  actual  scr-  offences, 
vice,  or  by  Icava  of  the  court,   for  misdemeanor  \v 
office. 

Sec.  13.  No  person  shall,  for  the  same  offence, 
be  twice  put  in  jeopardy  of  life  or  limb  ;  nor  shall 
any  person's  property  bo  taken  or  applied  to  puljilic 
use  without  the  consent  of  the  Legislature,  and 
without  just  compensation  being  iirst  madethercfor. 

Sec.  14.  That  all  courts  shall  open,  and  every 
person,  for  an  injury  done  him  in  his  lands,  goods, 
person  or  reputation,  shall  have  remedy  by»  due 
course  of  law,  and  right  and  justice  administered 
without  sale,  denial  or  delay. 

Sec.  15.  That  no  power  of  suspending  laws 
shall  be  exercised  except  by  the  Legislature  or  its 
authority. 

Sec.  16.  That  excessive   bail  shall  not  be  re-  Excessive 
quired,  nor  excessive  lines  imposed,  nor  cruel  pun-  bail, 
ishment  inflicted. 

Sec.  it.  That  all  prisoners  shall,  before  convic-     Bailable 
tion,  be  bailable  by  sufficient  securities,  except  ofiFcnccs, 
for  capital  offences,  where  the  proof  is  evident,  or  babeas  cor 
the  presumption  great ;  and   the   privilege   of  the  P"^'  *^^- 
writ  of  habeas  corpus  shall  not  be  suspended*,  un- 
less, when  in  a  case  of  rebellion  or  invasion,  the' 
public  safety  may  require  it. 

Sec.  18.  That  the  person  of  a  debtor,   when        When 
there  is  not  strong  presumption  of  fraud,  shall  not  debtor  not 
be  detained  in  prison  after  delivering  up  his  c'Dt&^  ^'^.^^  '™- 
for  the  benefit  of  his  creditor:,  in  such  a  manner  as  P"^<^°^d. 
'i':all  be  prezcribed  by  law. 

Sec.  19.  No  conviction  for  any  offence  t-hall 
■w  nk  corruption  (»f  blood  or  forfeiture  of  estate  : 
tLc  Legislature  shall  pass  no  bill  of  attainder  cr 
pof>t  facto  law,  nor  law  for  impairing  the  obligation 
of  contrads. 

C— 2       . 


20  CONSTITUTION  OF  MISSISSIPPI. 

Sec.  20.  No  property  qualification  for  eligibil- 
ity to  office,  or  for  the  right  of  suffrage,  shall  ever 
be  required  by  law  in  this  State. 
Sec.  21.  That  the  estates  of  suicides  shall  de- 
t  t  s    ^o'f  sccnd  or  vest  as  in  cases  of  natural'  death  ;   and  if 
suicides,     any  person  shall  be  killed  by  casuality,  there  shall 
be  no  forfeiture  by  reason  thereof. 

Sec.  22.  That  the  citizens  have  a  right,  in  a 
The  ri-^ht  peaceable  manner,  to  assemble   together  for  their 
of  petition  common  good  ;  and  to  apply  to  those  invested  with 
the  powers  of  government  for  redress  of  grievances 
or  other  purposes,   by  petition,  ad«lress  or  remon- 
strance. 
Eight  to      Sec.  23.    Every  citizen  has    a  right  to   bear 
bear  arms  arms  in  defence  of  himself  and  of  the  State. 

Sec.  24.  No  standing  army  shall  be  kept  up  . 
No  stand-  without  the  consent  of  the   Legislature  ;   and   the 
ing  army  military  shall,  in  all  cases  and  at  all  timps,  be  in 
axcept,&c  gtrict  suborciination  to  the  civil  power. 

Sec.  26.  That  no  soldier  shall,  in  time  of  peace, 
be  qui,rtered  in  any  house  without  the  consent  of 
the  owner,  or  in  time  of  war,  but  in  th6  mariner  to 
])e  prescribed  by  law.         ■ 

Sec.  26.  That  no  hereditary  emoluments,  privi- 
leges or  honors  shall  ever  be  granted  or  conferred 
in  this  State. 
Emigra-      Sec.  27.  Emigration  Irom  this   State   shall  not 
tlon,  &c.    >)e  prohibited,  nor  shall  any  free  white  citizen  of 
i.his  State  ever  be  eliled  under 'any  pretence  what- 
ever. 
Trial  by      Sec.  28.  The  rightof  trial  by  jui^y  shall  remain 
jury.  inviolate. 

Se(^.  29.  .No  person  shall  be  debarred  from  pri,  ■ 
Prosecu-  secuting  or  defending  any  civil  cause  for  or  againf;' 
t  i  0  n  of  i^ir^^  or  herself,  before  any  tribunal  of  this  State,  1 
^"'*'^"         him  or  herself  or  counsel ,  or  Ifoth . 

Sec.  30.  No  person  shall  ever  be  appointed  or 
l^nure  (.jg^ted  to  any  office  in  this  State  for  life  or  during 
ot office.     ^^^^^^  behavior;   but  the  tenure  of  all  offices  shall 
be  for  some  limited  period  of  time;  if  the  person  ap- 
pointed or  elected   thereto  shall  so   long  behave 
well. 


CONSTITUTION  OP   MISSISSIPPI.  21 

.    CONCLUSION. 

To  guard  against  transgressions  of  liio  high 
powers  herein  delegated,  we  declare  that  every- 
tliing  in  this  article  is  excepted  out  of  the  general 
powers  of  government,  and  shall  forever  remain 
inviolate  :  and  that  all  laws  contrary  thereto,  or  to 
the  following  provisions,  shall  be  void  : 

ARTICLE  11 

Jit.  DISTRIBUTION   OF   POWERS. 

Sec.  1.  The  powers  of  the  government  o(    the 
State  of  Mississippi  shall  be  divided  into  three  dis- 
tinct dei)artments,  and  each  of  them  confided  to  a   pistnbu-' 
separate  body  of  Magistracy,  to-wit :  those  which  ^^^^  °|^, 
are  legislative  to  one,  those  which  are  judicial  to  P^^®^^- 
another,  and  those  which  are  executive  to  another. 

Sec.  2.  No  person,  or  collection  of  persons,  be- 
ing of  one  of  those  departments,  shajl  exercise  any 
power  properly  belonging  to  either  of  the  others, 
except  in  the  instances  hereinafter  expressly  direc- 
ted or  permitted. 

ARTICLE  III. 

LEGISLATIVE   DEPARTMENT. 

r  J 

Sec.  1.  Every  free  white  male  person  of  the 
age  of  twenty-one  years  or  upwards,  who  shall  bf 
a  citizen  of  the  Confederate  States  of  America, 
and  shnll  have  resided  in  this  State  one  year  next  oaaiijjgjj . 
])receeding  an  election,  and  the  last  four  months  electors, 
within  the  county,  city  or  tQwn,  in  which  ho>offers 
to  vote,  shall  be  deemed  a  qualified  electoi-  ; 
an(3,auy  such  qualified  elector,  who  may  liappen  to 
be  in  any  county,  ciTy  or  town,  other  than  tliiU  , 
of  his  residence,  at  the  time  of, an  election,  or  wlu; 
shall  have  removed  to  any  county,  city  or  town 
within  four  months  ])i'eceeding  the  election,  from 
any  comity,  city  ,  or  town,  in  which  he  wouhl 
have  been  a  qualified  elector  had  he  not  so'removeu 
may  vote  for  any  State  or  district  officer,  or  mem- 
ber of  Congress,  for  whom  he  could  have  voted  in 
tlie  county  of  his  refi^den<"o,  or  tliH  ronnly.  citv  or 
I'h.lieuui 


38 


CONaTITUTIOIsr  GP  MMMgglPPI. 


Electors. 


Sec.  2.  Electors  shall,  in  all  cases  except  in  those 
of  treason,  felony,  or  breach  of  the  peace,  be  privi- 
ledged  from  arrest  during  their  attendance  on  elec- 
tions, and  going  and  returning  from  the  same. 

Sec.  3.  The  first  elections  shall  be  by  ballot, 
and  all  future  elections  by  the  people  shall  be  regu- 
lated by  law. 

Sec.  4.  Thatlegislativepowersof  this  State  shall 
be  vested  in  two  distinct  branches  :  the  one  to 'be 
fityled  "the  Senate,"  the  othei-.  "the  House  of  Rep-- 
rescutatiTes,"  and  both  together  "the  Legislature  of 
the  State  of  Mississippi;  and  the  style  of  their 
laws  shall  be,  "  Be  if  enacted  by  the  Legislature  of 
the  State  of  Mississippi. 

Sec.  5.  The  members  of  the  House  of  Repre- 
sctatives  shall  be  chosen  by  the  qualified  electors^ 
and  shall  serve  for  the  term  of  two  years,  from  the 
day  of  the  coramoucemeat  of  the  general  election, 
and  no  longer. 

Sec.  6.  The  representatives  shall  be  chosen 
every  two  years,  on  the  first  Monday  and  day  fol- 
lowing in  November. 

Sec.  7.  No  iior^on  sliall  be  a  representative  un- 
less he  be  a  citizen  of  the  Confederate  States  of 
Anerici,  and  r^hall  have  been  an  inhabitant  of 
this  State  two  years  next  preceding  his  election, 
and  the  last  year  thereof  a  resident  of  the  county  city 
or  town  for  which  he  shall  be  chosen,  and  shall  have 
attained  the  age  of  twenty-one  years. 

Sec.  8.  Elections  for    representatives  for  the 
Elections  several  counties  shaJl  be  held  at  the  places  of  hold- 
where  to  itig  their  respective  courts,  or  in  the  several  election 
be  held,      districts  into  which  the  county  may  be   divided  ; 
Provided,  that  when  it  shall  appear  to  the  legisla- 
ture that  any  city  or  town  has  a  number  of  free 
When  a  white  inhabitants  equal  to  the  ratio  then  fixed,  such 
town     Or  city  or  town  shall  have  a  separate  representation, 
city  enti-  according  to  the  number  of  free  white  inhabitants 
tied  to  sep  therein,  which  shall  be  retained  so  long  as  such  city 
rese^nTa-  ^^  ^^"^^  ^-^^'^  contain  a  number  of  free  white  in- 
tion.       '  habitants  equal  to  the  esieting  ratio,  and  thereafter, 
and  during  the  existence  of  the  right  of  separate  re- 
presenation  in  such  city  or  town,  elections  for  the 
caunty  in  which  such  citv  or  t^wn,  entitled  to  sepa- 
rate I'O'irwoTitation,  is  situated, ^hall  not  be  held  in 
such  city  or.  town  :  Aid provid.d^  that  if  thereBidu- 


Qalifica 
tious. 


CONSTITUTION  OP  MISSISSIPPI.  28 

urn  or  fraction  of  any  city  or  town,  entitled  to  sepa- 
rate representation,  shall,  when  added  to  the  rcsidu-  Residuum 
um  in  the  county  in  which  it  may  lie,  be  equal  to  the  &C. 
ratio  fixed  by  law  for  one  representative,  then  the 
aforesaid  county,  city  or  town,  haviug  tlic  largest 
residuum,  shall  be  entitled  to  such  rcproscntation : 
Jlnd  provided,  also,  That  wlicn  there  are  tAvo  or 
more  counties  adjoining,which  have  residuuras  over 
and  above  the  ratio  then  fixed  by  law  if  such  resi- 
duums,  when  added  together,  will  amount  to  such 
ratio,  in  that  case  one  representative  shall  be  add- 
ed to  that  county  liaving  the  largest  residuum. 

Sec.  y.  The  Legislature  shall,  at  their  first  ses- 
sion, and  at  iicriods  of  not  less  than  every  four,  nor  ^ 
more  than  every  six  years,  until  the  year  1845,  and  tion    and 
thcreafttM"  at  periods  of  not  less  tlian  e^■ery  four  nor  apportion- 
more  than  every  eiglit  years,  cause  an  enumeration  ment. 
to  be  made  or'  ail  t.he  free  Y\rhite  i^rna  .li^iuts  of  '.his 
State,  and  the  whole  number  of  reprcr-on  tati ves  shall 
at  the  several  periods  of  making  siieh  enumeration, 
be  fixed  by  the  legislature  and  ap})Ortioued  among 
the  several  counties,  cities  or  towns  entitled  to  sep- 
arate representation,  according  to   the  number  of  >^  m^l^gj. 
free  white  inhabitants  in  each,  and  shall  not  be  less  of    rcpre- 
than  thirty-six  nor  more  than  one  hundred :  Pro-  sentatives 
vided  however,  That  each  county  shall  ahvays  be 
entitled  to  at  least  one  representative. 

Sec.  10.  The  whole  number  (ff  senators  shall. 
at  the  several  j^eriods  of  making  the  enumeration 
before  mentioned,  be  fixed  by  the  Legislature,  and 
apportioned  among  the  several  districts  to  be  ^onators, 
established  by  law,  accordiug  to  the  number  of 
free  white  inhabitants  in  each,  and  shall  never  be 
less  than  one-fourth  nor  more  t  han  oue-third  of  the 
whole  number  of  representatives. 

Sec.  11.  The  senators  shall  be  chosen  by  the 
qualified  electors  for  four  years,  and  on  their  being 
convened  in  consequence  of  the  first  election,  they  Number, 
shall  be  divided  by  lot  from  their  respective  dis-  &c. 
tricts  into  two  classes,  as  nearly  equal  as  can  be, 
and  the  seats  of  the  senators  of  the  lirst  cla£S  shall 
be  vacated  at^the  expiration  of  the  secoud  year. 

Sec.  12.  Such  mode  of  classiiyiug  new  addition-  g        .  ^ 
al  sehators  shall  be  ob.sorved  as  will  as  nearly  as  pos-  gen  ^^,* 
«ible  preserve  an  equnlitv  of  mpiTibers  in  each  clas?.  el»i«i<!e<l. 
(?~4 


2-i  CONSTITUTION  OP  MISSISSIPPI. 

Sec.  13.    When  a  senatorial  district  sliall.be 
composed  of  two  or  more  counties,  it  shall  not  be 
.     entirely  separated    by   any  county   belonging  to 
another  district,  and  no  county  shall  be  divided  in 
'ibrming  a  distritt.  ' 

/Sec.  14.  No  person  shall  bo  a  senator  unlesa he 
Qualiiica-  "jjc  a  citizen  of,  the  Confederate  States  of  America, 
c^  °f  ,,°   and  shall  have  been  an  inhabitant  of  this  State  for 
k3nauoib.    ^^^,^^,  years  next  preceding  his  election,  and  the  last 
year  thereof  a  resident  at  the  district  for  which  he 
■hall  bo  chosen,  and  have  attained  theiage  o^  thirty 
••oars.  •  ■ '     '  . 

;  i;  '.    15.    The  House  of  Representatives,  when 
t.-.eiiksi-o)  iiss6mbi<,'d,  shall  choosc  a  Speaker  and  its"  other 
t'ae  House  ofiicers,  and  the  Senate  shall  choose  a  President 
,  ■^'^  ®*^^^  and  its  officers,  and  each  house  shall  judge  of  the 
o^^cers.      qualifications  and  elections  of  its  own  members, 
!  lit  a  contested  election  shall  be  determined  in  such 
manner  as  shall  be  directed  by  law.     A  majority  of 
each,  house  shall  constitute  a  quorum  to  do  busi- 
ness, but  a  smaller  number  may  adjourn  from  day 
to  day,   and  may  compel  the  attendance  of  absent 
members,  in  such  manner  and  under  such  penalties 
;i.-  each  house  may  provide. 

Sec.  1'6.  Bach  house  may  determine  the  rules  of 

..is  own  proceedings,  punish  members  for  disorderly 

Powers  behavior,' 'and,  with  the  consent  of  two4hirds,  expel 

of   each  ^  member,  but  not  a  second  time  for  the  same  cause  ; 

jind  shall  have  all  ofiier  powers  necessary  for  a  branch 

of  the  legislature  of  a  free  and  independent  State. 

Sec.  17.  Each  house  shall  keep  a  journal  of  its 

proceedings,  and  publish  the  same ;   and  the  yeas 

Journals'  and' nays  of  the  members  of  either  house,  on  any 

0  f  y.c  a  s  question,*  shall,  at  the  desire  of  any  three  members 

^^''  ^*^^^'  ] 'resent,  be  entered  on  the  journal. 

Sec.  18.  When  vacancies  happen  in^eithcr  house, 
.  the  Governor,  .or  the  person  exercising  the  powers 
Yac'ncies.  ^f  ^j^q  Governor,  shall  issue  writs  of  election  to  fill 
.-uch  vac^ncies^       >     v     ,.      • 

Sec.  Jj)^  Senators  aM'  representatives  shall,  in 
•  11  cases,  except  of  treason,  felony,  or  brcQch  of 
aio  peaoo,  be  pi^ivilcged  fromarrefst  during  the  ses- 
P  Vi  <^-il  *^^*^l^<*^^^-*^"^ 'legislature,  ^nd  in  going  to*and  return- 
from"aiv  ^^o  itom:  thy-  same,  allowing  One  day  for  every 
esst;  ex-  .twenty  milee  such  "member  may  reside  from  the 
ception.  ■:  ■  place  al  which  the  legislature  is  convened. 


CONSTITITTION   OF   MISSISSIPPI.  25 

Sec.  20.  Each  house  may  punish,  by  imprison- 
ment during  the  scssioh,  nnypereon,  not  a  member, 
for  -disrespectful  or  disorderly  behavior  in  its  pre- 
sence, or  fdr  obstructing  any  of  its  proceedings  : 
Provided,  sucli  imprisonment  shall  not,  at  any  one 
time,  exceed  torty-eight  hours. 

Sec.  21.  The  doors  of  6ach  house  shall  bo  open, 
except  on  such  occasions  of  great  dnergency  as,  in 
the  opinion  of  the  house,  may  requi  >■  secrecy. 
,  Sec.  22.  Neither  house  shall,  without  the  con- 
'^i^ont  of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  that  in  which  they  may 
be  sitting. 

Sec.  23.  Bills  may  originate  in  either  house,  and 
be  amended,  altered  or  rejected  by  the  otlier,  butno 
bill  shall  have  the  force  of  a  Inw  until,  on  three  sev- 
eral days,  it  be  read  in  each  house,  and  free  discus- 
sion be  allowed  thereon,  unless  four-fifths  of  the 
-Jiouse  in  vrhich  the  bill  shall  be  pending  may  deem 
Tit  expedient  to  dispense  with  this  rule  :  and  every 
bill,  having  passed  both  lionses,  shall  ho.  signed  by 
the  speaker  and  president  of  their  respective  houses. 
V     Sec.  24.  All  bills  for  raising  revenue  shall  ori- 
•  ginate   in   the   House  of  Beprcsentatives,  but  the 
Senate  may  amend  or  reject  them,  as  other  bills. 
V    Sec.  25.  Each  member  of  the  legislature  shall 
i^ceive,  from  the  public  treasury,  a  compensation  C  o  mpcn- 
for  his  services,  which  may  be  incrQjised  or  dimin   R^.tion    of 
ished  by  law,  but  no  increase  of  compensation  siiall  |'^^  mcm- 
takc  effect  during  the  session  at  which  such  increase  ^°^^' 
shall  have  been  made. 

Sec.    26.    No  senator   or  representative  shall . 
during  the  term  for  which  he  shall  have  been  elected, 
nor  for  one  year  thereafter,  be  appointed  to  any 
civil  office  of  profit   under  the  State,  which  shall    ISIenrbeis 
have  been  created,  or  the  emoluments  of  which  shall  not    cligi- 
have  been  increased  during  such  term,  except  such  ^^  ^^  o^- 
offices  as  may  be  filled  V)y  elections  by  the  ixjoplc ; 
and  no  member  of  either  house  of  the  legislature 
shall,  after  the  commencement  of  the  first  session 
of  the  legislature  after  his  election,  and  during  the 
remainder  of  the  term  for  which  he  is  elected,  be 
eligilile  to  any  office  or  place,  the   appointment  to 
which  may  be  made,  in  whole  or  in  part,  by  cithcj- 
brnnclr  of  the  legislature. 
C— r>       ^' 


36  CONSTITUTION  OF  MISSIBfilPPI. 

Sec.  27.  No  judge  of  any  court  of  "law  or  equity, 
OflScers  Secretary  of  state,  attorney -geueral.  clerk  of  any 
not   eligU  court  of  record,  sheriff  or  collector,  or  any  person 
ble  to  le-  holding  a  lucrative  office  under  the  laws   of  the 
gislaturc.    Confederate  States  of  America,  or  of  this  State, 
shall   be   eligible  to   the   legislature  :    Provided, 
That   officer?   in    the   militia,  to  which   there  is 
attached  no  annual  salary,   and  the  office  of  the 
justice  of  the  peace,  shall  not  be  deemed  lucrative 
Sec.  28.  No  person  who  has  heretofore,  or  here- 
after, been  a  collector  or  holder  of  public  moneys, 
,.  ,    ,„     shall  have  a  seat  in  either  house  of  the  legislature 

L/P  Illll  LI'S 

until  such  person  shall  have  accounted  for,  and 
paid  into  the  treasury,  all  sums  for  which  he  may 
be  accountable. 

Sec.  29.  The  first  election  for  senators  and 
representatives  shall  be  general  throughout  the 
First  elec-  gtate.  and  shall  be  held  on  the  first  Monday,  and 
holde^  ^"  ^^y  following,  in  November,  1835  ;  and  thereafter 
there  shall  be  biennial  elections  for  senators  to  fill 
the  places  of  those  whose  term  of  service  may  have 
expired. 

Sec.  ;50.  The  first  and  all  future  sessions  of  the 
legislature  shall  be  held  in  the  town  of  Jackson,  in 
Seat  of  the  county  of  Hiiid.^.  until  the  year  1850.  During 
Gov  ern'L  the  Tirst  scs.'ion  'hercafer.the  legislature  shall  have 
powvH-  to  dosiyn  it'"',  iiy  la'.v,  the  permanent  seat  ol 
government :  Prdvitled,  hoivevsr,  That  unless  such 
designation  Ue  then  made  bylaw,  the  seat  of  gov- 
ernment shall  continue  permanently  at  the  town  of 
Jackson.  The  first  session  shall  commence  on  the 
third  Monday  in  November,  in  the  year  1833  ;  and 
in  every  two  years  thereafter,  at  such  time  as  may 
be  prescribed  by  law. 

Sec.  31.  The  governor,  secretary  of  state,  treas- 
urer, auditor  of  public  accounts  and  attorney-gener- 
al, shall  reside  at  the  seat  of  government. 

ARTICLE  IV. 

JUDICIAL   DEPARTMENT. 

Sec.  1.  The  judicial  power  of  the  State  shall 
J  udicial  be  vested  in  one  high  court  of  errors  and  appeals, 
{)ower.       and  such  other  courts  of  law  and  equity  as  are 
hereafter  provided  for  in  this  constitution. 


CONSTITUTION   OF   MISSISSIPPI.  27 

^ 

Sec.  2.     The  high  corui  of  errors  and  appeals 
shall  consist  of  three  judges,  any  tAvo  of  whom  shall  High  co'rt 
form  a  quorum.     The  legislature  shall  divide  the  of    errors 
State  into  three  districts,  and  the  qualilied  electors  ^^'^     "P* 
of  each  district  shall  elect  one  of  said  judges  for  P®*'^ 
the  term  of  six  years. 

Sec.  3.    The  office  of  one  of  said  judges  shall  ^^^^^l^^. 
be  vacated  in  two  years,  and  one  in  four  years,  ^^.^j    j^^j.^" 
and  one  in  six  years — so  that,  at  the  expiration  of  of  oftlce- 
every  two  years,  one  of  said  judgea  shall  be  elected, 
as  aforesaid. 

Sec.  4.     Tlie  high  coui-t  of  error.,  and  appeals    jurisdic- 
shall  have  no  jurisdiction  but  such  as  properly  be-  tion. 
longs  to  a  court  of  errors  and  appeals.        , 

Sec.  5.  All  vacancies  that  may  occur  in  said  Vacaocies 
court,  from  death,  resignation,  or  removal,  shall  be 
illed  by  election  as  aforesaid  :  Provided,  however. 
That  if  the  unexpired  term  do  not  exceed  one  year, 
the  vacancy  shall  be  lilled  by  executive  appoint- 
ment. 

Sec.  6.    No  person  shall  be  eligible  to  the  office  ,     Where 
of  judge  of  the  high  court  of  crrcrj  and  appeals,    ^   ^"' 
wlio  shall  not  have  attained,  at  the  time  of  his  elec- 
tion, the  age  of  thirty  years. 

Sec.  7.    The  high 'court  of  errors  and  ap]  eals  ^irsteles- 
shall  be  held  twice  in  each  year,  at  such  place  as  *'*'"' 
the  legislature  shall  direct,  until  the  year  eighteen 
hundred  and  thirty-six,  and  afterwards  at  the  sea,t 
of  government  of  the  State. 

Sec.  8.  The  secretary  of  state,  on  receiving  all 
the  official  retmms.  of  the  first  election,  shall  pro-  Term  of 
ceed  fortliwith,  in  the  presence  and  with  the  assis-  office, 
tancc  of  two  justices  of  the  peace,  to  determine,  by 
lot,  among  the  three  candidates  having  the  highest 
number  of  votes,  whicli  of  said  judges  shall  serve 
for  the  term  of  two  years,  which  shall  servo  for  the 
term  of  four  years,  and  which  shall  serve  for  the 
term  of  six  years  ;  and,  having  so  determined  the 
same,  it  shall  be  the  duty  of  the  Governor  to  issue 
commissions  accordingly.     , 

Sec.  9.     No  judge  shall  sit  on  the  trial  of  any 
cause  when  the  parties  or  eitlior  of  them  sliall  be        when 
connected  with  him  by  affinity  or  consanguinity,  or  judge  dis- 
when  he  may  be  interested  in  the  same,  except  by  qualified, 
consent  of  the  judge  and  of  the  parties  :  and  when- 
C— 6 


28 


CONSTITUTION   OF  MISSISSIPPI, 


Salaries. 


Judges  of 
Circui  t 

Court. 

Qualifica- 
tions: 


Civcuit?'. 


0  u  . , 
tion. 


Chancery 
courts. 


Jurisdic- 
tion. 


Style    of 
procL'KS. 


ever  a  quorum  of  said  court  are  situated  as  afore- 
said, the  Governor  of  the  State  shall  in  such  case 
especially  comraifAsion  two  or  more  men  of  la^' 
knowledge,  for  tlie  determination  thereof. 

Sec.  10.  The  jud^-es  of  Sjfiid  court  shall-receive 
for  their  services  a  Cf-mpenpation  to  be  iixed  by 
law,  which  phal!  not  i)c  diminished  during  their 
continuance  in  office. 

Sec.  11.  The  judges  of  the  circuit  court  shall 
be  elected  by  the  qualified,  electors  of  each  judicial 
district^  and  hold  their  offices  for  the  term  of  four 
years,  and  reside  in  their  respective-districts- 

Sec.  12.  No  person  shall  be  eligible  to  the  office 
of  judge  of  the  circuit  court,  wlio  shall  not  at  the 
time  of  his. election,  have  attained  the  ago  of 
twenty-six  years. 

Sec.  IB.  The  State  shall  be  divided  into  conve- 
nient districts,  and  each  district  shall  contain  not 
less  than  three  nor  more  than  twelve  counties. 

Skc.  14,  The  circuit  courts  shall  have  original 
jurisdiction  in  all  matters,  civil  and  criminal,  with- 
in this  State  ;  but  in  civil  cases  only  when  the  prin- 
cipal of  the  sum  in  controversy  exceeds  fifty  dollars. 
.  Sec.  15.  A^  circuit  court  shall  be  held  in  each 
county  of  this  Std.te,  at  least  twice  in  each  year  ; 
and  the  judges 'of  said  court  shall  interchange  cir- 
cuits with  each  other,  in  such  manner  as  maybe 
prescribed  by  law,  and  shall  receive?  for  their  servi- 
ces a  compensation  to  be  fixed  by  haw,  which  shall 
not  be  diminiLhed  duriugtheircontinuancein  office. 

Sec.  16.  A  separate  superior  court  of  chancery 
shall  be  established,  witli  full  jurisdiction  in  all  mat- 
ters of  equity:  Provided,  hoicever,  The  legislature 
may  give  to  the  circuit  courts  of  each  county  equity 
jurisdiction  in  all  cases  w'here  the  value  of  tlie  thing 
or  the  amount  iu  controversy  does  not  exceed  five 
hundred  dollars;  also,  in  all  cases  of  divorce,  and 
for  the  foreclosure  of  mortgages.  The  chancellor 
shall  be  elected  by  the  qualified  electors  of  the 
whole  State,  for  the  term  of  six  years,  and  shall  be 
at  least  tliirty  years  old  at  the  dm?  of  his  election. 

Sec.  17.  the  style  of  all  process  shall  be  "The 
State  of  Mi?sissip[)i,^'  and  all  prosecutions  shall  be 
carried  on  in  the  name  and  by  the  authority  of 
"ThQ  State  of  Mississippi,"  and  shall  conclude, 
"  against  the  peace  and  dignity  of  the  same." 


J  CONSTITUTION    OF  MlSSlSSfPPJ.  29 

Sec.  18.  A  court  of  probates  shall   be  estab- 
lished iu  each  county  of  the  State,  with  jurisdiction      Piobatc 
in  all  matters  testamentary,  and  of  administratiin  Court, 
ia  orphans'  busincps,  and  the  allotment  of  dower, 
in  cases  of  idiocy  and  lunacy,  and  of  persons  non    Jurisdic- 
mmpos  mentis.     Tlie  judge  of  said  court  shall  be  *^"°- 
elected  by  the  qualilied  electors  of  the  respective 
counties,  for  the  term  of  two  years. 

Sec.  19.  The  clerk  of  the  High  Court  of  errors 
and  appeals  fhall  be  appointed  by  the  said  court,  for 
the  term  of  ^\\v  years  ;  and  the  clerks  of  the  pro-  Clcrlvs. 
bate  and  other  inferior  courts,  shall  be  elected  by 
the  qualified  electors  of  the  respective  couities ,  and 
shall  hold  their  offices  for  t!ie  term  of  two  years. 

Sec.  20.  The  qualified  electors  of  each  county 
shall  elect  five  persons,  for  the  term  of  two  years,  t>  ^  f 
who  shall  constitute  a  board  of  police  for  cach"pQjj(.p 
county,  a  majority  of  whom  may  transact  business; 
which  body  shall  have  full  jurisdiction  over  roads, 
highways,  ferries  and  bridges,  and  Ml  otherraatters 
of  county  police  ;  and  shall  order  all  county  elec- 
tions, to  till  the  vacancies  that  may  occur  in  i\\(i 
offices  of  their  respective  counties.  The  clerk  of 
the  court  of  projiate shall  be  the  clerk  of  tiieboard 
of  police.  • 

Sec.  21.  No  person  shall  be  eligible  as  a  mem- 
ber of  said  board,  who  shall  not  huvc  resided  one  „      , 
year  in  the  county,  but  this  qualification  shall  not  S^^    ^*' 
extend  to  such  new  counties  as  may  hereafter  be 
established,  until  one  year  after  their  organization; 
and,  all  vacancies  that  may  occur,  in  said  board 
shall   be   supplied  by  election  as  aforesaid  to  fill  ^^^^^^^^^^^^ 
the  unexpired  term. 

Sec.  22.  The  judges  of  all  the  courts   of  this 
State,   and  also  the  members  of  the  board  of  the 
county  police,  shall    in  virtue  of  their  offices,  be  Conserva- 
•conservators  of  the  peace,  and   shall  be,  bv  law,  ^^^^^^fthe 
vested  with  ample  powers  in  this  respect. 

Sec.  23.  A  competent  number  of  justices  of  the      -,      . 
])eace  and  constables  shall  l»e  chosen  in  each  county  ygg 
by  tlic  qualified  electors  thereof,  by  districts,  who 
shall  hold  their  offices  for  the  term  of  two  years  ; 
the  jurisdiction  ot  justices  of  the  peace  shall  bo  lim-  j    . . 
ited  to  causes  in  which  the  principal  of  the  amount  ^"^  \°JJg 
in  contuoversy  shall  not  exceed  fifty  dollars  ;  in  all  Peace 


30 


CONSTITUTIO^f  OF   MISSISSIPPI. 


Inferior. 


Arttoney- 
General 


C  ontested 
elections. 


J  udges. 
how  r e- 
mored. 


Offic  e  r  s , 
indicted. 


causes  tried  by  justices  of  the  peace,  the  right  oi* 
appeal  sliall  bo  secured,  under  such  rules  and  reg- 
nlatioDS  as  shall  be  prescribed  by  law. 

Sec.  24.  The  legislature  may,  froui  time  to 
time,  establish  sucli  other  inferior  courts  as  may  be 
deemed  necessary,  and  abolish  the  same  whenever 
ihoy  deem  it  expedient. 

Sec,  25.  There  shall  be  an  Attorney- General 
elected  by  the  qualified  electors  of  the  State,  and 
acouipetonfc  number  of  district  attorneys  shall  be 
elected  by  the  qealificd  voters  of  their  respective 
districts,  whose  compensation  and  term  of  service 
shall  bcj}rescribed  by  law. 

Sec.  20.  Tlie  legislature  shall  provide  by  law, 
for  determining  contested  elections  of  judges  of  the 
high  court  of  errors  and  appeals,  of  he  circuit  and 
probate  courts  and  other  officers. 

Sec.  27.  "  The  judges  of  the  several  courts  of 
this  State,  for  wilM  neglect  of  duty  or  other  rea- 
sonable cause,  shall  be  removed  by  the  governor, 
ou  the  address  of  two-thirds  of  both  houses  of  the 
legislature  ;  the  address  to  be  by  joint  vote  of  both 
houses.  The  cause  or  causes  forj  which  such  remo- 
val shall  be  required,  shall  be  stated  at  length  in 
such  address,  and  on  the  journal  of  each  house. 
The  judge  so  intended  to  be  removed,  shall  be  no- 
tihcd  and  admitted  to  a  hearing  in  his  own  defence, 
before  the  vote  of  such  address  shall  pass  ;  the  vote 
on  such  address  shall  bo  taken  by  the  yeas  and 
nays,  and  entered  on  the  journals  of  each  house. 

Sec.  28.-  Judgesof  probate,  clerks,  sberiffs  and 
other  county  officers,  for  the  wilful  neglect  of  d&ty, 
or  misdemeanor  in  office;  shall  be  liable  to  present- 
ment or  indictment  by  a  grand  jury,  and  trial  by 
a  petit  jury  ;  and,  upon  conviction,  shall  be  re- 
moved from  office. 


ARTICLE  V. 


EXECUTIVE   DEPARTMENT. 


Sec.  1  The  chief  executive  power  of  this  State 
Goveroor,  ^hall  be  vested  in  a  Governor,  who  shall  hold  his 
tenure  o^oggce  for  +"— ■  "'^""^- ^' — ^^  +i-"  +;»v^,^  ^e  i^ia  ;v,cfoi_ 
office.  1    ,. 

Jation. 


two'  years  from  the  time  of  his  instal- 


CONSTITUTION   OF   MISSISSIPPI.  31 

Sec.  2.  The  Governor  sliall  be  elected  by  tlie 
qualified  electors  of  the  State.  The  returns  of  every  How  elec- 
election  for  governor  shall  be  sealed  i\\)  and  tj-ans-  ted. 
mitted  to  the  seat  of  government,  directed  to  the 
Secretary  of  State,  who  sliall  deliver  them  to  the         » 
speaker  of  the   House  of  Representatives  at  the 
next  ensuing:  session  of  the  legislature,  during  the 
first  week  of  which  session  the  said^speaker  shall 
open   and   ])ublis]i   them   in    the  presence  of  both 
houses  of  the  legislature.     The  person  having  the 
highest  number  of  votes  shall  be  Governor  ;  but  if 
two  or  more  shall  lie   equal,  and  highest  in  votes, 
•then  one  of  them  shall  be  chosen  Governor  by  the  c{ontested 
joint  ballot  of  both  houses  of  the  legislature.  Con-  election 
tested  election  for  Governor  shall  be  determined  for    Gov- 
by  botli  houses  of  the  legislature  in  such  manner  as  ^r^o''- 
prescribed  by  law. 

Sec.  3.  The  Governor  shall  be  at  least  thirty 
years  of  age,  shall  have  been  a  citizen  of  some 
one  of  the  States  composing  the  Confederate  States 
of  America,  for  tAventy  years,  and  sliall  have  resi-  q  uaiifica- 
ded  in  this  State  at  least  five  years  next  preced-  tions. 
ing  the  day  of  his  election,  and  shrill  not  l)e  capa- 
ble of  holding  the  office  more  than  four  years  in 
any  term  of  six  years. 

Sec.  4.  He  shall  at  all  times  receive  for  his  ser-  „ 
vices  a  compensation,  which  shall  not  be  increased  gj^i^n. 
or  diminished  during  the  term  for  which  he  shall  be 
elected. 

Sec.  5.  He  sliall  be  commander-in-chief  of  the 
army  and  navy  of  this  State,  and  of  tlie   militia,  ^g^fj^n  ] 
except  when  they  sliall  be   called  into  the   service  Q^jjef 
of  the  Confederate  States  of  America. 

Sec.  6.  He  may  require  information ,  in  writing, 
from  the  officers  in  the  executive  department,  on 
any  subject  relating  to  the  duties  of  their  respec- 
tive offices. 

Sec.  7.  He  may,  in  cases  of  emergency,  convene 
the  Legislature  at  the  seat  of  government,  or  at  a  Governor 
different  place, if  that  shall  have  become,since  their  to   c onj- 
last  adjournment,  dangerous  from  an  enemy  or  from  ^®°f    ^^"^ 
disease  ;  and  in  case  of  disagreement  l»etween  the  fu  •'?    -J^ 
two  houses  with  respect  to  the  time  of  adjournment,  jfit^re 
adjourn  them  to  such  time  as  he  shall  think  proper, 
not  beyond  the  day  of  the  next  stated  meeting  of 
the  LegiaJature, 


32  CONSTITUTION   OF  MISSISSIPPI. 

S^c.  8.  He  shall,  from  time  to  ^ime,  give  to  the  le 

Duty  of  ,<ii:isIaturo  information  of  the  State  of  the  govern 

Governor,  ment,  and   recommend  to  their  consideration. sucli 

measures  as  he  may  deem  necessary  and  expedient. 

Sec.  9.     He   shall  take  care  that  the  laws  be 

faithfully  executed.  , 

Sec.  10.  In  all  criminal  and  penal  cases, except' 
in  those  of  treason  and  impeachment,  he  shall  have 
Power  of  power  to  grant  reprieves  and  pardons,  and  remit 
Governor,  fines,  and  in  case  of  forfeiture,  to  stay  the  collection 
until  the  end  of  the  next  session  of  theLegislature, 
and  to  remit  forfeitures  by  and  with  the  "^advice 
and  consent  of  the  Senat<?.  In  cases  of  treason, 
he  shall  have  power  to  grant  reprieves  by  and 
with  the  advice  and  consent  of  the  Senate,  but  may 
respite  the  sentence  until  the  er\d  of  the  next-sessipn 
of  theLegislature. 

Sec.  11.  All  commissions  shall  be  in  the  name 

and  by  the  authority  of  the  State  of  Mississippi,  be 

Com  mis-  sealed  with  the  great  seal,  an^  signed  hy  the  Go- 

sions.         vernor,  and  be  attested  by  the  Secretary  of  State, 

Sec.  12.  There   shall   be   a  seal  of  this  Stat?. 

■    which  shall  be  kept  by  the  Governor,  and  used  by 

Seal  of  the  him  ofiicially,  and  shall  be  called  the  Great  seal  ,of 

^***®-         the  State  of  Mississippi.  ,,,',; 

Sec.  13.  All  vacancies  not  provided  for  in   tins 

Constitution,  shall  be  fdled  in  such  manner  as  the 

Legislature  may.  prescribe. 

Sec.  14  The  Secretary  of  State  shall  be  elected 
by  the  qualiiiod  electors  of  the  State,  and  sliall  con- 
Secretary  tinue  in  office  during  tho  tqrm  of  two  years.  He  shall 
of  State,  keep  a  fair  register  of  all  the  official  acts  and  pro- 
ceedings of  the  Governor,  and  shall,  when  reqnired, 
lay  the  saijie,  and  all  papers,  minutes  and  vouchers 
relative  thereto,  before  the  Legislature,  and  shall 
perform  other  duties  asfmay  be  required  of  him  by 
law. 

Sec.  15.  Every  bill  whichshall  have  passed  both 

houses  of  the  Legislature,  shall  be  presented  to  the 

Governor  Governor':  if  he  approves,  he  shall  sign  it,  but  if 

to  sign  or  ^Qt,  he  shall  return  it,   with  his  objections,  to  the 

bills.  house  in  which  it  shall  have  originated,  which  shall 

enter  the  objections  at  large  upon  their  journals, 

and  proceed  to  reconsider  it ;  if,  after  such  recon. 

sideratin,  two-thirds  of  the  house  shall  agree  to 

Veto.         pass  the  bill,  it  shall  be  sent,  with  the  objections  to 


CONSTITUTION  OP  MISSISSIPPI.  31 

tlie  other  house,  by  wliich  it  shall  likewise  be  recon- 
sidered :  if  approved  b}'  two-thirds  of  thj\t  house,  it 
shall  become  a  law  ;  but  in  such  case,  the  vote  of 
both  houses  sHall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  members  voting  for  and 
against  the  bill  shall  be  entered  on  the  journal  of 
.  each  house  respectively:  if  any  bill  shall  not  be 
returned  by  the  Governor  within  six  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him, 
the  same  shall  l)ecomea  law  inlike  manner  as  if  he 
had  signed  it,  unless  the  Legislature,  by  their 
adjournment,  prevent  its  return  ;  in  which  case  it 
shall  not  become  a  law. 

Sec.  16.  Every  order,  resolution  or  vote  to 
which  the  concurrence  of  both  houses  may  be  neces- 
sary, except  resolutions  for  the  purpose  of  obtain- 
ing tlie  joint  diction  of  both  houses,  and  on  questions 
of  adjournment,  shall  be  presented  to  the  Governor, 
and,  before  it  shall  take  effect,  be  approved  by  him, 
or,  being  disapproved,  shall  be  re-passed  by  both 
houses,  according  to  the  rules  and  limitations  pre- 
scribed in  the  case  of  a  bill. 

Sec.  11.  Whenever  the  office  of  Governor  shall 
become  vacant,  by  death,  resignation,  removal  from 
office,  or  otherwise,  the  president  of  the  Senate     OOiceoi 
shall  •exercise  the  office  of  Governor  until  another  Cro^'ef  "^o»" 
Governor  shall  be  duly  qualified ;  and  in  case  of  ^'*<^^"*''^'*^ 
the  death,  resignation,  removal  from  office,  or  other 
disqualification  of  the  president  of  the  Senate,  so        • 
exercising  iho  office  of  Governor,  the  speaker  of  the 
House  of  Reprcsent^ives  sliall  exercise  the  office 
imtil  the  president  of  tho   Senate   shall  have  been  » 

chosen  ;  and  when  the  office  of  Governor,  president 
of  the  Senate,  and  speaker  of  the  House,  shall  be- 
come vacant  in  the  recess  of  the  Senate,  the  ])crson 
acting  as  Secretary  of  State  fo]*  the  time  being,  Further 
shy  1,  by  proclamation,  convene  the  Senate,  that  a  provi  sion. 
president  may  be  chosen  'to  exercise  the  office  of 
Governor. 

Sec.  18.  When  either  tlic  president  or  speaker 
of  the  House  of  Representatives  shall  so  exercise 
said  office,  he  shall  receive  the  compensation  of  the 
Governor  only ;  and  his  duties  as  president  or 
speaker  shall  be  suspended,  and  the  Senate  or  House 
of  Representatives,  as  the  case^may  be,  shall  fill  the 
vacancy  until  his  duties  as  Governor  shall  cease. 


34  GONSTITUTION  OE  MISSISSIPPI. 

*  Leg.  19.  A  slieriff  and  one  or  more  coroners,  a 
treasurer,  surveyor  and  ranger,  shall  be  elected  in 
each  county,  by  the  qualified  electors  thereof,  who 
shall  hold  their  offices  for  two  years,  unless  sooner 
removed  ;  except  that  the  coroner  shall  hold  his 
office  until  his  successor  be  duly  qualified. 

Sec.  29.     A   State   Treasurer   and  Auditor  of 

Mid  Audi-  ^^'^b^ic  Accounts  shall  he  elected  by  tlie"  qualified 

^Qr^        "  electors  of  tlie  State,  who  shall  hold'  their  offices 

for  the  term  of  two  years,  unless  sooner  removed. 


MILITIA. 

Section   I.  'ihe  Legislature  slmll   provide  by 
Militia.       law,  for  organizing  and  disciplining  the  militia  of 
this  State,  in  such  manner  as  they  may  deem  expe- 
dient, not  incompatible  with  the  Constitution  and 
the  laws  of  the  Confederate  States  of  America  in 
relation  thereto. 
Militia  of-      ^^^-  ■^-   Commissioned   officers   of    the   militia 
ficers.        (staff  officers  and  the  officers  of  voluntear  compa- 
nies excepted,)   shall   be   elected  by   the  persons 
liable  to  perform  military  duty,  and  the  qualified 
electors   Avithin  their  respective  commands,   and 
shall  be  commissioned  by  the  Governor. 
Powers  of      ^^^'  ^'  '^^^^  Grovernor  shall  have  power  to  call 
Governor   forth  the  militia  to  execute  the  laws  of  the  State, 
to  call  out  to  suppress  insurrection,  and  to  repel  invasion, 
militia. 

ARTICLE  VL 

IMPEACHMENTS. 

Section  1.  The  House  of  Representatives  shall 
have  the  sole  power  of  impeaching. 

Sec    2.  All  impeachments  shall  be  tried  by  the 

Impeach-  Senate  :  when  sitting  for  tlTat  purpose,  the  senators 

^  shall  be  on  oath   or  affirmation  :   no  person  shall 

be  convicted  without  the  concurrence  of  two-thirda 

of  the  fnembers  present. 

Sec.  3.  The  Governor  and  all  civil  officers  shall 
be  liable  to  impeachment  for  any  misdemeanor  in 
Extent  of,  office  ;  but  judgment  in  such  cases  shall  not  extend 
etc.  further   than  to  removal  from  office,  and  disquali- 

fication to  hold  any  office  of  honor,  trust  or  profit 


CONSTITUTION  OF  ^LSSISSTPBI.  35 

.mder  the  State ;  but  the  party  convicted  shall 
nevertheless,  be  subject  to  indictment,  trial  and 
punishment,  accord injr  to  law,  as  in  other  casoe. 

.  ARTICLE  VIT. 

OENBUAL    PROVISIONS. 

Section  1.  Members  of  the  Legislature,  attor- 
neys and  counsellors  at  law,  and  all  oflicers,  exec-  Oathofof- 
utive  and  and  judicial,  before  they  enter  upon  the  fice. 
duties  of  their  respective  offices,  shall  take  the  fol- 
lowing oath  or  affirmation,  to  wit:  "1  do  solemnly 
swear  (or  affirm,  as  the  case  may  be)   that  I  will 
support  the  Constitution  of  the  Confederate  States ,. 
of  America,  and  the  Constitution  ot  the  State  of 
Mississippi,  so  long  as  I  continue  a  citizen  thereof, 
and  that  I  will  faithfully  discharge,  to  the  best  of 
my  abilities  the  duties  of  the  office  of  — ,  ac- 
cording to  law — So  help  me  God." 

Sec.  2.  The  Legislature  shall  pass  such  laws  to 
prevent  the  evil  practice  of  duelling,  as  they  may  -p,    .. 
deem  necessary;  and  may  require  all  officers  before     "^  '"^* 
they  enter  upon  the  duties   of  their  respective  of- 
fices, to  take  the  following  oath  or   affirmatton ; 
'•  I  do  solemnly  swear,  (or  affirm,  as  the  case  may 
be,)  that  1   have  not  been  engaged  in  a  duel,  by     • 
sending  or  accepting  a  challenge  to  fight  a  duel,  or 
by  fighting  a  duel,  since  the  first  day  of  January, 
in  the  year  of  our  Lord  one  thousand  eighthundrcd 
and  thirty-three,  nor  wilF   I   l)c  so  engaged  during 
my  continuance  in  office — So  help  me  God." 

Sec.  3.  Treason  against  the  State  shall  consist 
only  in  levying  war  against  it,   or  in  adhering  to  Treason. 
it:s  enemies,  giving    them  aid  and   comfort.     No 
person  shall  be  convicted  of  treason,  unless  on  the  Bribery  at 
testimony  of  two  witnesses  to  the  same  overt  act,  electious. 
or  his  own  confession  m  open  court. 

Sec.  i.  Kvcrv  person  sliall  be  disqualified  from 
holding  an  office  or  place  o(  honor  or  profit  under 
the  authority  of  this  State,  who  shall  be  convicted 
of  having  given  or 'offered  any  bribe  to  secure  his  Conzicts 
election.     Laws  shall  bo  made  to  exclude  from  of-  excluded 
fice  or  suffrage  those  who  shall  herealier  be  con-  fromoflBce 
victed  of  bribery,  perjury,   forgery,  or  other  high 


30  CONSTITUTION   OF   MISSISSIPPI. 

crimes  or  misdemeanors.  The  privilege  of  the  free 
Suffrage,  suffrage  shall  1)C  supported  by  laws  regulating  elec- 
tions, and  prohibiting,  under  adequate  penalties,  all 
undue  influences  therein,  from  power,  bribery,  tu- 
mult, or  other  improper  conduct. 

Sec.  5.     No  person  who  denies  the  being  of  a 

God,  or  a  future  state  of  rewards  and  punishments, 

Atheist,     gi^^^u  j^q|,|  ^^^,  Qfgp^  -^^  ^^^p  ^j^.^  department  of  this 

State. 

Sec.  6.     No  laws  of  a  general  nature,  unless 
When  otherwise  provided  for,  shall  be  enforced  until  sixty 
1  a -^  s  go  ^jjj^yg  ^f^^Qj,  ^|^(,  passage  thereof, 
into  effect,       r^^^    ^,       , -.  ^         °         i    n  i       i  /.  ,i 

Sec.   <.     No   money   shall  be  drawn  from   the 

-,  treasury,  but  in  consequence  of  an  appropriation 

Money         i    i      i  in  •   i^-         r. 

drawn  ^^^de  by  law  ;  nor  shall  any  appropnation  oi  money 

from  trea-  ^or  the  support  of  an  army  be  made  for  a  longer 

sury.         term  than  one  year. 

Sec.  8.  No  money  from  the  -treasivy  shall  be 
appropriated  to  objects  of  internal  improvement, 
unless  the  bill  for  that  purpose  be  passed  by  two- 
thirds  of  both  branches  of  the  Legislature  :  and  a 
regular  statement  and  account  of  the  receipts  and 
expenditures  of  public  moneys  shall  be  published 
annually. 

Sec.  9.     No  law  shall  ever  be  passed  to  raise  a 

State^lcan  loan  of  money  upon  the  credit  of  the  State,  or  to 
*  pledge  the  faith  of  the  State  for  the  redemption  of 
any  loan  or  debt,  nnless  such  law  be  proposed  in  the 
Senate  or  House  of  Representatives,  and  be  agreed 
to  by  a  majority  of  the  members  of  each  house,  and 
entered  on  the  journals,  with  the  yeas  and  nays 
taken  thereon,  and  be  referred  to  the  next  succeed- 
ing Legislature,  and  published  for  three  months  pre- 
vious to  the  next  regular  election,  in  three  newspa- 
pers of  this  State ;  and  unless  a  majority  of  each 
branch  of  the  Legislature  so  elected,  after  such 
publication,  shall  agree  to  and  pass  such  a  law ; 
'  and  in  such  case,  the  yeas  and  nays  shall  be  taken 
and  entered  on  the  journals  of  each  house  ;  Fro- 
vided,  that  nothing  in  this  section  shall  be  so  con- 
strued as  to  prevent  the  Legislatui-e  from  negotiat- 
ing a  further  loan  of  one  and  a  lialf  millions  of  dol- 
lars, and  vesting  the  same  in  stock  reserved  to  the 
State  by  the  charter  of  the  Planters'  Bank  of  the 
State  of  Mississippi. 


CONSTITTTION    OK  MISSISSIPPI.  37 

And  provided  further ,  Tliat  the  Legislature  may 
raise  a  loan  of  money  and  pledge  tlic  faitli  of  the 
State  for  the  payment  thereof,  when  required  to 
suppress  insurrections,  repel  invasions,  or  provide 
for  the  defense  of  the  State.  . 

Sec.  10.  The  Legislature  shall  direct,  bv  law,  *^V'*^ 
in  what  manner,  and  in  what  courts,  suits  may  be  ^^^  ^^^^^^ 
brought  against  the  Stat^.  -  • 

Sec.  11.     Absence  on  business  of  this  State  or 
of  the  Confederate  States  of  America,  or  on  a  visit,         , 
or  necessary  private  business,  shall  not  cause  a  for-    *  '^^  ^^' 
feiture  of  citizenship  or  residence  once  obtained. 

Sec.  12.    It  shall  be  the  duty  of  the  Legislature 
to  regulate,  by  law,  the  cases  in  which  deductions    .  l^c'^uc- 
shallbe  made  from  salaries  of  public  officers  for  ga°ax.iJg^°^ 
neglect  of  duty  in  their  official   capacity,  and  the  '  ^ 

amount  of  such  deduction. 

Sec.  13.      No  member   of   Congress   nor   any 
person  holding  any    office  of  profit  or  trust  under         j-g  J 
the  Confederate   States,  (the  office   of  postmaster  fro^ office 
excepted,)  or  any  other  State  of  the  Confederacy, 
or  under  any  foreign  power,  shall  hold  or  exercise 
any  office  of  trust  or  profit  under  this  State. 

Sec.  14.     Religion,  morality  and  knowledge  be- 
ing necessary  to  good  government,  the  preservation     .Schools 
of  liberty  and  the  happiness  of  mankind,  schoolsand  ^^^^^^^ 
the  means  of  education  shall  forever  be  encour- 
aged j^in  tliis  State. 

Sec.  15.     Divorces  from  the  bonds  of  matrimo- 
ny  shall  not  be  granted  but  in  cases  provided  for   ^''^°^^^2- 
by  law,  by  suit  in  chancery. 

Sec.  16.     Returns  of  all  elections  by  the  people 
shall  be   made  to  the  Secretary  of  State,-  in  such     Klection 
manner  as  may  be  prescribed  by  law.  returns. 

Sec.  17.     No  new  county  shall  be  established 
by  the  legislature,  which  shall  reduce  the  county  or 
counties,  or  either  of  them,   from  which  it  may  be  JJCountieF, 
taken,  to  less  contents  than  five  hundred  and  sixty-  "'^^• 
six  square  miles  ;  nor  shall  any  new  county  be  laid 
off  of  less  contents. 

Sec.  18.-   The  legislature  shall   have  power  to 
iidmit  to  all  the  rights  and  ju-ivilpgcs  of  free  white 
citizens  of  this  State  all  such  })ersons  of  the  Choc- 
taw and    Chickasaw  tribes   of    Indians  as  shall  Indians, 
choose  to  remain  in  this  State,  upon  such  terms  as 


38  CONSTITUTION   OF  MISISBIPPI. 

the    Legislature    may   from    time   to  time  deem 
proper. 

SLAVES. 

a«on°''oi  ^J'^CTioN  1.  The  Legislature  shall  have  no  pow- 
how  made  ^^"  ^^  P^^^  ^'^^^'^  ^^^'  ^^^  emancipation  of  slaves  with- 
out the  consent  of  tlreir  owners,  unless  where  the 
slave  shall  have  rendered  to  tlie  State  some  distin- 
guished service,  in  which  case  the  owner  shall  be 
paid  a  full  equivalent  for  the  slave  so  emancipated. 
They  shall  have  no  power  to  prevent  emigraints  to 
this  State  from  bringing  with  them  such  persons  as 
are  deemed  slaves  by  the  laws  of  any  one  of  the 
United  States,  so  long  as  any  person  of  the  same 
^  age  or  description  shall  be  continued  in  slavery  by 

the  laws  of  this  State  ;  Provided,  that  such  person 
or  slave  be  the  bona  fide  property  of  such  emi- 
^.'*7^^  ^^^.  grants  ;  and  ijrovided,  also,  that  laws  may  be  passed 
crimes   ^   ^^  prohibit  the  introduction  into  this  State  of  slaves 
who  may  have   committed  high  crimes  in  other 
r  States.     They   shall  have  power,  to  pass  laws  to 

permit  the  owners  of  slaves  to  emancipate  tliem, 
saving  the  rights  of  creditors,  and  pi:eventing  them 
from  becoming  a  public  charge.  They  shall  have 
full  power  to  oblige  the  owners  of  slaves  to  treat 
them  with  humanity,  to  provide  for  them  necessary 
clothing  and  provisions,  to  abstain  from  all  injuries 
to  them  extending  to  life  or  limb,  and  in  case  of 
Treatme't  their  neglect  or  refusal  to  comply  with  the  direc- 
of  slaves,  tions  of  such  laws,  to  have  such  slave  or  slaves  sold 
for  the  benefit  of  the  owner  or  owners. 

Sec.  2.     The  introduction  of  slaves   into   this 
Slaves  as  ^^^^te  as  merchandize,  or  for  sale,  shall  be  prohib- 
raercha  n-  ited  from  and  after  the  first  day  of  May,  eighteen 
disc.  hundred  and  fifty-three  ;  Provided,  that  the  actual 

settler  or  settlers  shall  not  be  prohibited  from  pur- 
chasing slaves  in  any  othcr|State  in  this  Union 
and  bringing  them  into  this  State  for  their  own 
individual  use,  until  the  year  eighteen  hundred  and 
p  forty-five. 

110^*^  Vf      ^^^-  '^-     ^^  the  prosecution  of  slaves  for  crimes 
slaves.       of  wliich  the  punishment  is  not  capital,  no  inquest 
by  a  grand  jury  shall  be  necessary  ;  but  the  pro- 
ceedings in  such  cases  shall  be  regulated  by  law. 


CONSTITUTION   OF   JUfeSISSlPPI,  39 

MODE   OP   KE VISING   THE   CONSTITUTION. 

Whenever  two-thirds  of  each  branch  of  the  legis- 
lature shall  deem  any  change,  alteration  or  amend- 
ment necessary  to  this  constitution,  such  proposed 
change,  alteration  or  amendment  shall  be  read  and  x-  ^u  "Jl 
passed  by  a  majority  of  two-thirds  of  each  house  revised, 
respectively  on  each  day  for  three  several  days  ; 
public  notice  thereof  shall  then  be  given  by  the 
Secretary  of  State,  at  least  six  months  preceding 
the  next  general  election,  at  which  the  qualified 
electors  shall  vote  directly  for  or  against  such  • 
change,  alteration  or  amendment  ;  and  if  it  shall 
appear  that  a  majority  of  the  qualified  electors 
voting  for  members  of  the  legislature  ^shall  have 
voted  for  the  proposed  change,  alteration  or  amend- 
ment, then  it  shall  be  inserted,  by  the  next  succeed- 
ing legislature,  as  a  part  of  tliis  constitution,  and 
not  otherwise. 

SCHEDULE. 

Section  1.     All  rights  vested,  and  all  liabilities     „.   ., 
incurred,  shall  remain  the  same  as  if  this  constitu-  vested, 
tion  had  not  been  adopted. 

Sec.  2.  All  suits  at  law  or  in  equity,  now  pend- 
ing in  the  several  courts  of  this  State,  may  be 
transferred  to  such  courts  as  may  have  proper  ju- 
risdiction thereof. 

Sec.  3.  The  Governor,  and  all  officers,  civil 
and  military,  now  holding  commissions  under  the  Offi-sers, 
authority  of  this  State,  shall  continue  to  hold  and  &c- 
exercise  their  respective  offices  until  they  shall  be 
superseded  pursuant  to  the  provisions  of  this  con- 
stitution, and  until  their  successors  ha  dulv  quali- 
fied. 

Sec.  4.  All  laws  nowin  force  in  the  State, ;iot 
repugnant  to  this  Constitution,  shall  continue  to 
operate  imtil  they  shall  expire  by  their  own  limita- 
tion, or  be  altered  or  repealed   by  the  Legislature. 

Sec.  5.  Immediately  upon  the  adoption  of  this 
constitution,  the  president  of  this  convention  shall 
issue  writs  of  election,  directed  to  the  sheriffs  of 
the  several  counties,  requiring  them  to  cause  an 
election  to  be  held   on  the  first  Mondajr   and  day 


m' 


40  CONSTITUTION  OP  MISSISSIPPI. 

following  in  December  next,  for  members  of  the 
Legislature,  at  the  respective  places  of  holding 
elections  in  said  counties  ;  which  elections  shall  be 
conducted  in  the  manner  prescribed  by  the  existing 
election  laws  of  the  State  ;  and  the  members  of  the 
Ijegislature,  thus   elected,  shall  continue   in  office 
until  the  next  general  election,  and  shall  convene 
nt  the  seat  of  government  on  the  first  Monday  in 
January,  eighteen  hundred  and  thirty-three  ;   and 
shall,  at  their  first  session,  order  an  election  to  be 
held   in    every   county  of  this  State,  on   the  first 
*       Monday  of  May  and  day  followinfi,  eighteen  hun- 
dred and  thirty-three,  for   the  State  and  county 
officers  under  this   constitution,  (members  of  the 
Legislature  excepted,)  and  the  other  officers  then 
elected  shall  continue  in  office  until  the  succeeding 
general  election,  and  after,  in  the  same  manner  as 
if  the  election  had  taken  place  at  the  time   last 
aforesaid. 
How  long      gj,c_  g_  Until    the  first  enumeration   shall   be 
first  elect-  ^'^^^^f  ^^  directed  by  the  Constitution,  the   appor- 
edtocon-  tionment  of  senators   and  representatives   among 
tinuein  the  several  districts  and   counties   in   this    State, 
office.        shall  remain  as  at  present  fixed  by  law. 

P.  RUTLCJS  R.  PRAY, 
President  of  the  Convention,  and 
Repvescntative  from  the  County  of  Hancock. 
Attest  : 

John  H.  Mallory,  Secretary. 


AMENDMENTS  TO  THE  CONSTITUTION. 


SLAVES. 

The  Legislature  shall  have,  and  are  Jiereby  vest- 
ed with  power  to  pass  such  laws  regulating  or 
prohibiting  the  introduction  of  African  slaves  into 
this  State,  as  may  be  deemed  proper  and  expedient* 

Adopted  Februery  2d,  1846. 


AMENDMENTS  TO  THE  CONSTITUTION.  41 

BOARD  OF   FOLICE. 

■  The  qualified  electors  of  each  county  shall  elect 
five  persons,  by  districts,  for  the  term  of  two  years, 
wIk)  shall  constitute  a  Board  of  Police  of  each 
county,  a  majority  of  whom  may  transact  business ; 
which  body  shall  have  full  jurisdiction  over  roads, 
highways,  ferries  and  bridges,  and  all  other  matters 
of  county  policy;  and  shall  order  all  county  elec- 
tions to  fill  vacancies  that  may  occur  in  the  offices 
of  their  respective  countiek 

The  clerk  of  the  Court  of  Probate  shall  be  clerk 
of  the  Boards  of  County  Police. 

Adopted,  March  12th,  1852. 

CHANCERY    COURT. 

•  Chancery  Courts,  with  full  jurisdiction  in  mat- 
ters of  equity,  shall  be  held  in  each  judicial  district 
by  the  circuit  judge  thereof,  at  such  time  and  place 
as  may  be  directed  by  law.  The  Superior  Court 
of  Chancery,  and  the  several  Vice-Chancery  Courts,  ^ 

shall  continue  as  now  organized,  until  the  first 
Monday  of  November,  one  thousand  eight  hundred 
and  fifty-seven,  for  the  disposition  of  cases  now 
depending  therein.  »The  Legislature  shall  provide 
by  law  for  the  preservation  of  the  records  of  the 
said  Superior  Cour.t  of  Chancery  and  of  said  Vice- 
Chancery  Courts,  and  also  for  the  transfer  of  all 
causes,  that  may  remain  undetermined  therein,  to 
other  courts,  for  final  decision. 
Adopted,  February  Gth,  1856. 

TENURE   OF  PUBLIC   OFFICERS. 

All  public  officers  in  this  State,  Legislative,  Ex- 
ecutive and  Judicial,  whose  terms  of  office  exi)ire 
at  the  general  election  to  be  held  in  the  year  one 
thousand  eight  hundred  and  fifty-seven,  or  at  any 
subsequent  general  jclection,  shall  continue  to  hold 
their  offices  until  the  first  ilouday  of  January  next 
following  the  expiration  of  said 'terms,  and  until 
theii- successors  shall  Ijc  qualified  :  Provided,  such 
of  said  officers  as  arc  required  to  give  bond  for  tlie 
discharge  of  their  duties,  shall  give  bond  and  eecu- 
C-3 


42  AMENDMENTS   TO  THE   CONSTITUTION. 

rity  for  the  said  extended  term,  as  may  be  provided 
by  the  Legislature  ;  and  the  terms  of  office  of  all 
officers  chosen  at  the  general  election  in  the  year 
eighteen  hundi'ed  and  fifty-seven,  or  at  any  subse- 
quent general  election,  shall  commence  on  the  firSt 
Monday  of  January  next  succeeding  the  election, 
and  shall  continue  for  the  time  now  fixed  by  the 
constitution,  and  until  their  successors  shall  be 
qualified. 

Adopted,  February  6th,  1856. 

ELECTIONS. 

All  general  'elections  by  the  people  of  this  State 
shall  be  held  on  the  first  Monday  in  October,  and 
be  concluded  in  one  day;  on  the  first  Monday  in 
October,  1857,  and  biennially  thereafter,  an  election 
shall  be  held  for  representatives  in  Congress,  and 
all  State  officers  and  members  of  the  Legislature,* 
except  for  officers  and  senators*  entitled  to  hold 
over  after  November,  1857,  who  shall  continue  in 
office  until  their  successors  are  entitled  to  succeed 
them  therein.  The  Legislature  shall  convene  on 
the  first  Monday  of  November,  1857,  and  bien- 
nially thereafter,  hut  may  be  especially  convoked 
by  the  Governor  at  other  times.  The  Governor's 
official  term  shall  commence  on  the  third  Monday 
of  November,  and  that  of  the  Secretary  of  State, 
Auditor  of  Public  Accounts,  State  Treasurer,  and 
Attorney  General,  on  the  first  Monday  of  January 
next  after  his  and  their  election ;  but  the  Attorney 
General  shall  hold  his  office,  as  heretofore,  for  the 
term  of  four  years.  On  the  first  Monday  of  Octo- 
ber, 1858,  and  biennially  thereafter,  an  election 
shall  be  held  for  all  county,  district,  judicial  and 
ministerial  officers,  (except  officers  who  may  then 
be  entitled  to  hold  over  after  January,  1859,  or 
until  the  time  of  holding  another  election;)  and 
the  official  term  of  all  such  officers  then  and  there- 
after elected,  shall  commence  on  the  first  Monday 
of  January  next  after  this  election  ;  but  all  such 
officers  elected  in  1855,  or  previously,  whose  official 
terms,  in  the  absence  of  this  provision,  would  ex- 
pire in  Novemb9r,  1857,  shall  continue  in  offi(^e  until 
the  first  Monday  of  January,  1859. 

Adopted,  February)-  2dj  1856, 


AlBBNDMJGNTi   TC.THX   CONSTITUTION. 


AMENDMENTS   BY   THE  STATE   CONVENTION. 

Be  it  ordained  and  declared,  and  it  is  hereby  or- 
dained and  declared.  That  the  Legislature  shall 
have  power  to  fix  the  time  of  holding  all  elections, 
and  may  adjust  the  terms  of  office  to  conform  to 
any  changes  hereafter  to  be  made,  and  may  fix  the 
time  for  the  commencement  of  its  biennial  sessions. 

Be  it  ordained  and  declared,  a7id  it  is  herein]  or- 
dained and  declared,  That  if  any  part  of  the  pres- 
ent Constitution  of  the  State  of  Mississippi  shall 
be  in  conflict  with  any  ordinance  passed  by  this 
Convention,  such  part  of  the  said  Constitution 
shall  be  held  to  be  abrogated  and  annulled  to  the 
extent  of  such  conflict,  but  no  further. 

Adopted,  January  26th,  1861. 

WILLIAM  S.  BARRY, 

'  President  of  the  Convention. 


LAWS 


OP   THE 


STATE  OF  MISSISIPPl. 


CHAPTER  I. 

AN  ACT  making  the  Treasury  Notes  issued  under  an 
Ordinance  of  the  State  Convention,  receivable  in  payment 
of  dues  to  the  State  at  all  times,  before  and  after  the 
period  fixed  for  their  redemption,  and  for  other  purposes. 

Section  1.  Be  it  enacted  hj  the  Legislature  of  the 
State  of  Mississi2ipi,  That  the  Governor  shall  be  co^°f^"d 
authorised  to  cause  certificates  of  loan  on  treasury  q^  Gov- 
notes  to  be  prepared,  signed   and   issued  to  the  ernor. 
amount,  in   the  manner,  and  under  the  limitations 
and  restrictions  contained  in  an  ordinance  of  the 
Convention   of  the  people  of  the  State;   entitled 
"An  ordinance   to  raise  means  for   the  defence  of 
the  State,"  adopted  January  24th,"  1861,"  the  said 
certificates  or  treasury  notes,  when  issued,  shall  be 
applied  to  the  defense  and  military   service  of  the 
State,  and  may  be  used  under  the  direction  of  the      ' 
Governor,  in  purchasing*  arms  and  military  supplies, 
and  in  paying  off  such  troops  as  may  have  been  or 
may  licreaftcr  be,  in  the  service  of  the  State,  Pro- 
vided, the  said  certificates  or  treasury  notes  shall 
not  be  sold,  or  otherwise  put  in  circulation  for  a  • 
less  amount   than  their  par  value  ;  and   Provided 
further,   that  nothing  in  tin's  act  shall  Ix;  so  con- 
strued as  to  impair  the  validity  and  obligation  of 
said  certificates  or  treasury  notes. 


46  LAWS  OF   MISSISSIPPI. 

Sec.  2.  Beit  further  enacted,  That  said  certifi- 
Treasury  cates  or  treasury  notes  shall  be  received  in  payment 
notes,  of  taxes  and  other  moneys  due  the  State,  in  any 
^  ?  ^T"  ^- fiscal  year,  whether  they  be  due  and  redeemable 
ceivable.     ^^.  j^^£^  ^^^^  j  ^j^^  certificates  or  notes  wliich  are  made 

due  and  payable  in  the  year  186 ;?  and  1864,  shall 
be  placed  in  this  respect,  on  an  equal  footing  with 
those  th(it  are  due,  and  payable  in  the  year  1862, 
whether  they  were  issued  before  or  after  the  passage 
of  tliis  act,  and  the  public  officers  of  this  State 
shall  receive  them  in  the  inanner  now  required  by 
law,  Provided,  that  nothing  herein  contained  shall 
appply  to  the  military  tax  imposed  by  the  ordi- 
nance of  tlie  State  Convention,  adopted  January' 
26th,  1861. 

Sec.  3.  Be  it  further  enacted^  That  this  act  shall 
take  effect  and  be  in  force  from  and  aftei'''its  pas- 
sage. 

Approved,  November  29,  1861, 


CHAPTER  II. 

AN  ACT  to  change  the  time  of  holding  the  Probate  Court 
of  Hancock  County. 

Section  1 .  Be  it  enacted  hy  the  Legislature  of  the 
State  of  Mississippi,  That  hereafter  the  I'egular 
term  of  holding  the  Probate  Court  of  Hancock 
county,  shall  be  the  first  Monday  in  December, 
March,  June  and  September,  in  each  and  every 
year. 

Sec.  3.  Be  it  further  enacted,  That  this  act  take 
effect  from  and  after  the  1st  day  of  February,  1862. 

Approved,  November  23,  1861. 


CHAPTER  III. 

AN  ACT  to  legalize  the  Assessment  Returce  of  Yazoo  and 
Sunflower  Counties. 

Section  1 .  Be  it  enacted  hy  the  Legislature  of  the, 
State  of  Mississijypi,  That  the  return  of  the  as- 
sessment of  the  lands  in  Yazoo  and  Sunflower 
counties  for  the  year  1861,  be  held  and  taken  as 


LAWS  OP  MISSISSIPPI.    .  47 

legal  and  valid  as  if  returned  within  the  time  pre- 
scribed by  law. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  from  and  after  its  passage. 

Approved,  November  23, 1861. 


CHAPTER   IV. 

AN  ACT  further  to  relieve  the  evils  occasioned  by  the 
burning  of  the  Court  House  of  Attala  County. 

Wherea!?,  the  Court  House  and  the  records, 
with  the  papers  thereto  appertaining,  were  destroyed 
by  fire,  on  the  28th  day  of  July.  A.  D.  1858,  and 
whereas,  copies  of  the  records  and  final  record  of 
the  Chancery  Court  of  yaid  county,  and  the  record 
and  judgment  roll  'of  the  Circuit  Court  of  said 
county,  and  also  the  records  of  tlio  Probate  Court, 
and  of  the  Board  of  Police  of  said  county,  liavc 
been  and  arc  now  l)ciiig  made  out,  copied,  substi- 
tuted and  cstablisliod,  according  to  the  statutes  in 
that  case^madc  and  provided,  and  ac'cording  to  the 
•orders,  judgjucnts  and  decrees  of  said  courts,  there- 
fore, 

Sj-:ctiox  1.  he  J/,  en  ad' (1  bif  .'Jic  Legislature  of 
ihc  Estate  of  .Mississippi .  That  said  record  and  final 
record  of  the  Chancery  C<Mn"t  ofif'said  County,  and 
the  i*ocordaiid  judgnic])!  rojl  of  ihc  Circuit  Court, 
the  records  of  the  Proliatc  Couit,  and  the  I'ccords 
of  the  Board  of  Police  of  said  <;ounly,  made  out, 
copied,  substituted  and  cstabh'shcd  in  jnanner  as 
aforesaid. |1)C  and  tlio  same  are  hereby  declared  to 
he  as  valid,  lunding  and  effectual  in  all  things  and 
in  a11  proceedings,  as  said  original  records  might 
fOr  could  have  been  in  case  the  >ainc  had  jjot  been 
idefltroyed  by  lire  as  aforesaid^ 

Sec.  2.  Be  it  /'tfri/icrenwfed,  That  all  copies  and 
transcri])ls  of  said  roeords,  made  out,  copied,  sub- 
stiluled  and  e8tal)lish('d  as  aforesaid,  being  duly 
Ajertitied  hy  {]ie  pi-o]ter  clerk,  under  his  hand  and 
seal  of  oflice.  to  lie  correct,  sliail  be  received  as 
cvidcuce.ajid  he  held  as  valid  and  binding  in  all suit,^, 
actions  and  other  proceeding  ami  matters,  as  though 


48  LAWS  OF  MISSISSIPPI. 

said  original  records  had  not  been  destroyed  in 
manner  aforesaid  ;  and  for  such  copies  and  tran- 
scripts, the  clerk  issuing  the  same  shall  be  entitled 
to  such  compensation  asis  provided  for  in  other 
like  cases.  ' 

Sec.  3.  Beit  further  enacted,  That  all  acts  and 
parts  of  acts,  coming  in  conflict  with  this  act,  be  and 
the  same  are  hereby  repealed,  and  that  this  act  be 
in  force  from  and  after  its  passage. 

Approved.  Novcml)cr  23, 18G1. 


cha:pter  v. 

AN  ACT  to  authorize  the  Governor  of  the  State  of  Missis- 
sippi to  accept  volunteers  for  immediate  service  in  support 
of  the  Confederate  troops  at  Columbus,  Kentucky,  or 
elsewhere  they  may  be  needed." 

Whereas,  it  appears  from  information  commu- 
nicated to  this  Legislature  that  the  enemy  is  ga- 
thering in  force  near  the  Confederate  troops  at 
Columbus,  Kentucky,  whereby  the  safety  of  the 
latter  is  likely  to  become  questionable,  to  guarc? 
against  which,   therefore. 

Section.  1.  Beit  enacted  hy  the  Legislature  qf 
of  the  State  of  Mississippi,  That  the  Governor  be 
authorized  and  requested  to  issue  his  proclamation 
instanter,  calling  upon  the  patriotic  men  of  Mis- 
sissippi, who  may  be  able  to  come  with  arms  in 
their  hands,  as  infantry  or  cavalry,  to  assemble 
without  delay,  at  such  places  of  rendezvous  as 
he  may  designate  by  companies,  or  individuals,  to 
the  aggregate  number  of  ten  tliousand  men,  in 
order  that  they  may  be  organized  at  once  as  a 
portion  of  the  volunteer  militia  of  the  State  of 
Mississippi,  to  be  sent  as  soon  as  organized,  under 
such  commanders  as  the  Governor  may  designate, 
to  the  relief  of  the  threatened  post,  there  to  remain 
for  such  time  as  emergencies  may  require  ;  P7'o- 
vided  that  said  troops  shall  not  be  required  to  re- 
main in  service  longer  than  sixty  days. 

Sec.  2.  Be  it  further  enacted,  That  the  troops 
mustered  into   the  service,  under  this  authority, 


LAWS    (U"    MISSLSSIPIM.  49 

shall  be  cutitlcd  i  r-:\y  (oflicers  and  men) 

as  provided  ibr  by  -a  iaw  ui'  Congress,  for  the  com- 
peiisalion  of  Confcdorato  Iroops  for  like  cervices. 
Tlie  muster  rolls  to  be  made  out,  and  returned  to 
thooOiceof  the  Adjutant  General  of  the  army  of 
-Mississippi,  at  Jackson,  in  the  same  manner  as  i^ 
provided  by  the  law  fijovcrning'  the  muster  rolls  ol' 
the  army  of  jMississipjii,  under  the  Convention 
ordinance. 
•  Sec.  ;>.  Be  ii  fi/r'llicr  eudrfa/,  That  the  sum  of 
live  hundrt'«l  thousand  doHars,  [layable  out  of  any 
money  in  the  State  treasury,  not  otherwise  appro- 
priated, be  and  t^ie  same  is  hereby  set  ajiart  to-  the  . 
jiayment  of  the  troops  olTicers  and  men)  i-espond- 
ini;-  to  the  call,  enibiaeitig*  the  outfit  and  niainte- 
tenanec  of  tlic  same  ;  and  the  Auditor  of  Public 
accounts  isherelty  authorized  and  re(iuired  to  issue 
his  warrants  in  sueii  sum.s  and  at  such  tinu^s  as  the 
Governor  may  recpure  in  payment  of  the  same. 

Sec.  4.  Be  it  fitii/icr  vnri'-tcd.  That  the  Governor 
be  and  he  is  hereby  clothed  wit]i  full  powers  to  do 
and  perform  all  things  necessary  to  carry  out  the 
the  objects  and  i)rovisions  of  tin's  act. 

Sec.  0.  Be  U  further  enaded,  That  this  act  take 
effect  from  and  after  its  passage. 

A]'>i>voved.  Xoventljor  i*1 ,  l^c-,]. 


CIFAPTKR    \l. 
AN  .VCT  'Vo  reduce  the  tecs  ol   the  ("ounuis.sionei'S  of  tl-c 

Section  1 .  Ji<  /'  '  -^"^  /> '.  </;/  /.•'<  /.r  .../.v,,,,//,  ,>/  i/if 
Sfaie  of  MiKsisb-ipjii,  That  the  Commissioners  ap- 
pointed by  the  Board  of  County  Police  of  Perry 
county  for  the  sale  of  the  subnierg«Ml  lands,  and 
their  successors  in  onicc.  shall  luneafter  rcx-eivc  for 
their  services  Ihren  per  cent,  upon  all  monies  col- 
Iccted  l>y  them,  l»y  Airtuc  of  thoir  olhce.  and  no 
more. 

Sec.  2  Ik  if  furlkcr  cnacicd.  Thai  all  acts  con- 
flictinu' witii  this  act  be  and  the  same  is  hereby 
repealed. 


50  l.AWS   OP   MISSISSIPPI. 

Sec.  3.  Beit  further  enacted,  That  this  act  take 
eJBfect  and  be  in  force  from  and  after  its  passage. 
Approved,  November  23,  18G1. 


Oil  AFTER  YIl. 

-■^X  AGT  U>  lUiioud  an  su^t  t;nti(.l("i  uii  act  to  establish  In  tlio 
County  of  Wairon  an  Inferior  Court  of  Cririiinai  Jnri.'^dicv 
tiou,  approved  February  1st,  1861, 

District  Sectiox  1.  Jic.  it  enacted  I'}/  the  Legistatirre  of  the 
Attorney,  State  of  Mh'si.ssippi,  That  if,  at^any  term  of  the 
how  sup-  said  Criminal  Court,  the  District  Attorney  of  said 
plied.  Court  shall  be  abseiit,  or  una])ic  to  perform  his 
duties,  from  sickness  or  otherwise,  the  Court  shall 
have  power  to  appoint  some  Attorney,  to  act  for 
the  State,  in  the  place  of  the  District  Attorney, 
during  the  absence,  or  inability  of  the  said  District 
Attoi'ncy,  and  the  person  so  ap|>ointed  shall  have 
full  power  to  discharge  all  the  duties  of  said  office, 
duriug  the  absence  or  inability  of  tlie  District  At- 
torney ;  and  shall  receive  a  reasonable  com])ensa- 
tion  for  his  services,  to  be  allowed  by  the  Court, 
and  certified  to  the  Auditor,  who  shall  issue  his 
warrant  therefor;  sucli  allowance  shall  be  deducted 
from  tlie  salary  of  the  said  District  Attorney,  and 
shall  not  exceed  the  rate  of  eomi)onsation  received 
l)y  the  District  Attorney  for  the  time  engaged  dur- 
ing tlie  year. 
Vacancv  '^^^'  "'  ^'^  '^  further  enacted,  Tliat  when  a 
how  tilled  vacancy  shall  occur  by  the  death,  resignation  or 
otherwiseof  the  Judge  of  said  Crimnuil  Court,  or 
of  the  District  AttoriKy  of  said  0(turt,  the  unex- 
pired term  whereof  siial I  not  exceed  one  year,  the 
same  shall  1)C  filled  for  the  unexpired  term  by  ap- 
])ointment.  by  the  Governor,  antl  when  the  unex- 
pired term  shall  -exceed  one  year,  the  Governor 
shall  issue  a  writ  rcquii-ing  an  election  to  be  held 
at  some  time  therein  specified  to  till  the  unexpired 
term,  said  time  to  be  not  less  than  thirty  days  ; 
and  the  Governor  shall  make  a  temi)orary  ai)poij]t- 
nient  to  till  such  vacancy  until  the  j)erson  chosen 
at  the  election  so  ordered,  shall  be  duly  qualified  : 


LAVi^  OF   MISBISSIPPI.  51 

and  in  the  event  the  ^tovernor  shall  not  make  such 
temporary  appointment,  to  fill  such  vacancy  occur- 
ing  in  the  office  of  District  Attorrney,  then  the  said 
Court  shall  fill  the  same  as  provided  Tor  in  section 
first,  of  this  act. 

Sec.  3.  Be  it  further  enacted^  That  .when,  an 
election  to  fill  such  vacancy  has  been  heretofore 
ordered  by  the  Governor,  and  the  election  has 
been  held,  such  order  and  such  election  are  hereby 
legalized  and  declared  to  be  valid. 

Sec.  4.  Be  it  further  enacted,  That  this  act  shall 
take  effect  from  and  after  its  passage.  "^ 

Approved,  November  15, 1S(31. 


CHAPTER  VIII. 

AN  ACT  for  the  rebel  of  Nelson  T.  Warren  of  Washington 
County. 

Section  1 .  Be  it  enacted  bij  the  Legislature  of  the 
State  of  3Iissi'Sfsippi,  That  Nelson  T.  Warren,  a 
miuor,  he  and  he  is  hereby  released,  from  the  civil 
disabilities  of  minority,  so  far  as  to  authorize  and 
enable  him  to  make  and  execute  a  last  will  and 
testament,  and  to  devise  and  bequeath  his  estate, 
real  and  personal,  in  the  same  manner  as  if  he  was 
of  full  age. 

Sec.  2.  Bo  it  jurt/ier  enacted,  That  this  act  take 
effect  from  and  after  its  passage. 

Approved,  November  13,  1861. 


CHAPTER  IX. 

AN  ACT  to  authorize  the  transcribing  of  the  Records  of 
Hinds  County. 

Whereas.  The  Police  Court  of  Hinds  county, 
at.i,  special  term,  holdcn  in  March,  1861,  authoriz- 
<»d  he  Clerk  of  the  Circuit  Court  of  said  county 
ro  cause  to  bp  transcribed  Fundry  books  of  the 
iifioords  of  hi«^  Court  which  were  much  iujured  and 


62  'F  MISSISSIPPI. 

authority,  the  said  Clerk  lias  caused  to  be  uiade.  in 
well  bound  books,  traiisci-iptt;  of  inany  of  tho  re- 
cords tint.-  injured  ;  tliei'ofore. 

Section  1.  Bf^^  it  ('■nacte(iby  the  Lcgiduiuh:  vf  Iht- 
Slate  of  Mii^-'iiHiiippi,  That  all  transcripts*  of  tlio 
said  record  of  the  Circuit  Court  of  Hinds  countv. 
which  have  been  made,  (ir  shall  be  made  under 
authorit}"  of  the  order  »>f  the  Police  Court  afore- 
said, sh:i]l  be  holdeu  to*  have  all  the  verity  of  the 
rccoids  from  which  they  are  transcribed  and  as 
r-uch  sliall  be  received  as  evidence  in  all  Courts  us 
the  original  might  be  :  Prorklfd,  Tiiat  the  Clerk 
of  said  Circuit  Court,  or  some  duly  qualihed  depu- 
ty, shall  iirst  exannne  said  transcripts,,  and  certify 
tiieni  to  be  correctly  made. 

Hec.  2.  Be  it  further  enacied,  That  this  act  shall 
be  in  force  from  and  after  its  passnge. 

Approved ,  V e vembe r  1 3 ,  1 8(5 1 . 


CHAPTER  X. 

All  ACT  to  amend  section  two  of  Chapter  sixty-four  of  the 
acts  of  November,  1859,  in  relation  to  the  charter  of  the 
City  of  Vicksburg. 

Section  1.  Be  it  enacted  by  tke  Legislature  of  the 
State  of  Mississrppi,  That  from  and  aftCl*  the 
next  charter  election,  the  salary  of  the  j^Iayor 
shall  1)0  one  thousand  five  hundred  dollars  instead 
of  two  thousand  live  liandred  dollars  as  now  pro- 
vided by  law. 

Sec.  2.  Be  it  further  enaGtcd,   That  so  much  of 
section  two,  chapter  sixt)- -four  of  the  acts  of  Nov 
vember  eighteen  hundred  and    fifty-nine,  as  corac. 
in  conflict  with  this,  act  be,  ajid  the  same  is  hereby 
repealed . 

Sec.  ?..  B-^  if  further  enacted,  That  this  act 
take  effect  and  be  in  force  from  and  after  itP  pas 
sage. 

Approved,  November  13,1861. 


I,AW8  OP   MISSISSIPPI. 

CHAPTER  XI. 


AN  ACT  to  CTeate  a  fund  Ijf  tbo  support,  of  destitute  fami- 
lies of  Volanteers  in  this  State,  and  for  other  purposes. 

Section  1 .  Be  it  enackd  by  the  Legitdalure  of  the 
State  of  Mississippi,  That  a  special  tax  of  thirty 
per  ceut.  upon  the  reijjular  8tatc  taxes  of  th(!  )>ro-  Amoantr.f 
ijent  fiscal  year,  and  eavh  succeed iiiij;  ye%r  until  tax. 
other\vit-c  ordered,  be  levied  and  coUected.  as  oth- 
er taxes  now  are.  for  the  t>(i[>povt  of  de'.itii'e 
familie;*,  dependent  wholly  or  in  p^irt  Ui-ou  tlu 
volunterrs  who  are  or  inay  hereafter  I 'O,  tnuhtered 
into  ihe  service  of  thi<  State,  or  of  the  Coiifedei- 
ate  Stnte,  to  be  called  the  iriilitarv  Relief  Fund. 

SEr.  2.  Beit  f:nihir  oracled,  that  it   shall   be 
the  duty  of  the   B'iakd>o[    Police,  in   the  several      -^ 
counties  in  riiirs  Siatc.  to  ascertain  as  soon  as  pos-  goard/ of 
r:ible  the  names  of  all  volunteers  from  said  counties  poiict*. 
who  have  been    mustered  into  the   t'crvice  of  the 
State,  or  of  the  Confederate  Statci?,   for  at  least 
six  montliF.  with  the  names  of  the   companies  to 
whicli    they  belong; ;  also  the  names   of   all  vol- 
imtcers  from  said  counties,  who  have  enlisted  ae 
rccruits.  or  nttaciied  themselves  to  conipanic:^  form- 
ed outside  of  the  limits  of  the  State,    or  of  their 
respective  countip^v  ;  and  that  it  fhall  1)0  the  dutv 
of  the  Clerk.-  of  said  Boards  of  Police  to  record  a 
roll  of  all  fU'h  namcs^and  compinie-,  and  lo  fur- 
nish the  Auditor  of  Public  Account?  with  a  ocrti-  .^ 
tied  copy  of  the  pame.  on^pr  before  the  firpt  day  of 
March  next. 

Sec.  3.  Be   it  fuifhcr   amctcd,  That  the  p.-o- 
ceedt  of  said  tax  be  and  the  saraf.  is  hereby  annul  j^  .  , 
ally  appropriated  for  the  supj>ort  of  aid  fleftitute  approprii 
families  :  and  that  it  f-hall  be   the  duty   wf  the  Au    ted 
ditor  of  Public  Accounts,  in  thirty  days   after  set- 
tlement with  the  tax   collectors,   in  each  year,  to 
make  a  pro  rota  distribution  of  said  sum  amonj: 
the  several  counties  in  th.is  Stat.^j.  acccrdinp-  to  the 
number  of  volunteers  furc::hcd  by  each    count;-. 
and  certified  to  him  accordinj.'  to  the  provifi'^n^  •••f 
the  6ec»P<i  eectiftn  of  this  act,  and  report  ' 
lo  i^f  '.'-iivii^  ,)f  Po'l.c  c>f  ^..lid    {(.uii'.u'S. 


54  LAWS  OF  ^.rmsiBsippi. 

the  amount  of -aid  fund  to  wliicli  each  county  may 
he  entitled. 

Sec.  4.  Jn-i I  further  enacted,  That  for  the 
purpose  of  purchasing  provisions,  and  such  other 
indispensiblo  articles  as  saiddestitute  families  may 
requii-e,  the  jniards  of  Police  are  hereby  authorized 
to  issue  warrauu^  upon  the  county  Treasuries  c 
their  respective  counties,  pay;  ule  out  of  said  fund, 
to  an  amount  not  exceeding  ti'^sum  to  which  such 
county  mny  l)e  entitled  under  >:ie  provision  of  the 
Datv  of  third  section  of  this  act. 
Slicrills.  Hii:c..5.  Be  it  further  enacted,  That  the  Sheriffs 
of  the  several  counties  in  this  State  shall  collect 
the  said  military  relief  tax  <n  the  same  manner, 
aiid  under  the  saine  regulations  and  laws  as  now 
provided  for  the.  collection  of  other  taxes,  and 
beforf!  entering  u[>on  the  same  sha41  give  addition- 
al bond,  with  twi)  01-  more  securities,  equal  in 
amount  to  ou"  hilf  of  the  State  taxes  of  their  re- 
::i)ective  coti''-  ':>-.]'  jn  the  same  manner  as  now 
r  •>:!    •'  orencje   to  the  collection  of 

••"'k:'  ■  penalty  of    a   forfeiture  of 

'>(a  ;ndo;  and   sliall  receive  in 

p^iyjnr': ;  '■  -u  i  lailii^ary  relief  tax,  gold  and  sil- 
ver, cui-icai  bank  bills,  and  the  warrants  of  their 
ri\-:pcctiv«  '.counties  Issued  upon  said  fund,  and 
Confecierare  Treapi;ry  note:^,  and  Treasury  notes 
Sherifis,  of  the  State, 
how  to  set  Sec.  6.  Bo  it  further  enacted,  That  it  shall  be 
tie  accoata  the  duty  of  the  said  several  sheriffs^o  pay  over  into 
the  county  Treasury  of  their  respective  counties 
thesums,to  which  such  counties  may  be  entitled 
under  tiie  third  section  of  this  act,  and  the  receipt 
of  the  county  Treasurer  therefor,  shall  be  a  vouch- 
er to  such  Eheriti"  iu  his  settlement  with  the  Audi 
lor  of  Public  Accounts  for  so  miich  of  eaid  tax, 
and  all  escest  that  may  be  due  or  in  the  hands  of 
-:a.id  sheriff  after  paying  to  any  county  the  amount 
to  which  it  may  be  entitled,  shall  be  paid  into  the 
State  Treasury  at  the  same  time,  and  in  the  same 
manner,  and  under  the  same  penalties  as  now 
required  by  law  for  the  payment  of  other  State 
■  ixes  :  and  should  the  amount  paid  to  any  one 
•' ounty  by  such  sheriff  be  less  than  the  amount  to 


LAWS  OB'    MISSISSIPJ^J .  O'O 

of  sucli  county  may,  upon  the  order  of  the  Board  of 
Folico  thereof,  receive  out  of  the  State  Treasury  Bond     of 
the  bahance  due  said  county   on    account   of  paid  county 
military  relief  fund:    Provided  a/so,  That    before  treasurer, 
any  county  Treasurer  siiall  receive  into  his  hands 
any  })ortion  of  said  fund,  he  shall  under  penalty  pf 
forfeiture  of  his  oCBee  enter   into  bond,  with  two 
It;-  more  secnritie3  in    the    same  manner   an  now 
required  by  law.  and  for  an  amount  dou\)hT  that  to 
which  \nA  county  inay  be  entitled. 

Sec.  T  lie  U  fartht7- Oiocted,  That,  siiould  tlu' 
amount  of  ^'Hid  fund  to  which  any  one  county  ma} 
be  entitled,  be  greater  than  the  amount  actually 
necessary  for  the  support  of  said  indi<i^ent  families 
intended  to  be  provided  for  under  the  provisions 
of  this  act,  such  couutles  may.  at  the  discretion  of 
their  Boards  of  Police,  appropriate  the  overplus 
to  the  purchase  of  clothing  and  o'  m  ndispensable 
or  necessary  articles  for  the  Yola.ucers  furnished 
by  said  county  or  for  the  nurposo  of  payin'i  oif 
their  county  warrants  issued  for  military  purpos'es.    Commis- 

Sec.  8.  Bcil  /Wr//i6r  ett"C.W,. That  the  Boards  sioners, 
of  Police  in  the. several  count'e.-<in  this  State,  sliall  ^^J  ,*P" 
call  a  meetinji-  as  soon  as  practicable  alter  the  P°'°^*^  • 
passage  of  this  act,  for  the  purpo.^e  of  appointing 
one  or  more  suitable  and  com  potent  persons  in  each 
])olicc  district  as  couimissiouers,  whoso  duty  it 
sh;  11  be,  to  ascertain  and  report  to  said  Board  of 
Police,  as  soon  as  possible  the  names  of  all  volun- 
teers from  said  county,  Vviio  have  been  mustered 
into  the  service  of  the  State  or  of  the  Confederate 
States,  for  at  least  six  months,  with  the  names  of 
the  companies,  to  which  they  belong  ;  also,  the 
names  of  all  volunteers  who  have  enlisted  as 
recruits,or  attached  themselves  to  companies  formed 
without  the  limits  of  their  counties  or  State,  also 
to  investigate  and  determine  who  nrt^  (lie  lU'oper 
beneticiariesof  ^aid  fund,  and  to  procure  such  need- 
ful supplies  for  the  same  af  in  tlicir jadgment  may  be 
indispensable,  and  to  report  the  same  from  time  to 
time  to  the  Boards  of  Police  of  such  counties  ;  and 
all  warrants  issued  by  said  Boards  of  Police  upon 
said  fund  shall  be  upon  the  written  order  of  said 
commissioners,  accompanied  with  a  written  account 
of  the  articles  lurni^hed,  pavabla  to    the  perioii  or 


of  coiamis 
siong,  &c. 


56  LAWS  OF    MISSISSIPPI. 

persou8  eutitled  to  receive  the  same,  and  in  such 
fas,whea  amounts  as  said  commissioner?!  may  direct, 
revoked.  Src.  '.>.  Be,  it  furikcr  enacted.  That  whore  any 
•  •ounty,  or  countie?  which  may  havo  levied  the  tax 
under  the  act  of  August  l!d,  1<S01.  the  Boards 
of  Police  til ereof  shall  ha^e  ]K)wer  to  revoke  the 
lax  so  levied,  except  such  part  of  said  tax  aa  may 
hav.-^  been  anticipated  by  \v;u-rantj;  issued,  money 
advanced  oi' contracts  made  upon  the  faith  of  said 
tax.  -  .  ,  ♦ 

Sec.  10.  Be  it  jvrlher  maded.  That  it  shall  be 
tiie  duty  of  the  county  Treasurer  and  Clerks  of 
the  Boards  of  Police  in  each  county,  to  keep  a  full 
iind  complete  record  and  account  of  all  monies 
i-eceived  and  disbursed  on  account  of  said  military 
relief  fund,  with  the  names  of  all  who  may  receive 
relief  as  beneficiaries  under  the  provisions  of  this 
net ;  and  that  for  the  collection  of  said  taxes,  no 
slierifFsliall  bo  allowed  to  receive  more  than  one 
and  one-half  per  cent,  as  commissions,  and  for 
jeceiving-  and  disbursing  the  same  no  county 
Treasurer  shall  receive  cv  b  ■  entitled  to  any  com- 
pensation. 

Sec.  11.  B'i  it  fnrtlur  r}i.>:>(d.  That  this  act  shall 
take  eflbct  and  he  in  force  from  and  after  its  pas- 
sage. J 

Approved,  P-ecoiuber  16,  1861. 


CHAPTER  XII. 

AN  ACT  to  provide  (or  the  e!=!tablishmeiit  of  Hospitals  for 
the  Mississippi  Troops  and  for  other  purposp.*;. 

Section  1.  Be  it  ".ttacred,  by  tfip  Legislature  of 
the  Slate  of  jMississippi,  That  it  shall  lie  lawful  for, 
and  it  is  hereby  made  the  duty  of  the  Governor  to 
appoint  suitable  agents  to  establi.sh  and  conduct 
proper  hospitals  at  the  most  suitable  points  conve- 
nient to  onr  troops  in  service  in  A  irginia  and  Ken- 
tucky, or  wherever  else  they  may  be  in  sullicient 
numbers  to  require  them. 

Sro.  2.    Be  if  f7!riher  enacted,   That  it  shall  be 


LAWS  OF   MI68ISSIPPJ.  .  57 

the  duty  of  said  agents  to  procure  suitable  quarters 
for  said  hospitals,  to  scfure  suitable  Plijsicians  aud 
nurses  to  atteini,them,  and  if  not  promptly  and  sat- 
isfactorily secured  elsewhere,  to  request  of  the  com- 
manders of  our  troops  near  said  hospitals  to  detail 
all  needful  aid  as  required  by  said  agents,  aiul  to 
receive  all  appropriations  that  may  be  made  them, 
and  advise  and  direct  the  disburseinoals  thereof.  ' 

Sec.  3.  Be  it  further  enacted,  Tii;'^  all  sjck  or 
wounded  Mississippi  troops  shall  bo  uilmitted  to 
said  hospitals  at  the  reqyest  of,  or  upon  tlic  certi- 
ficates of  their  company  or  other  commanders,  or 
at  the  discretion  of  the  agents  herein  appointed,  and 
be  discharged  therefrom  upon  thecertilicafc  of  the 
acting  physicians  to  be  appointed  for  said  hospitals 
by  said  agents.  * 

Sec.  4.  Be  it  further  enacted,  That  said  agents 
so  appointed,  shall  make  monthly  reports  of  thcyr 
action  to  the  Quarter- nnster  General  of  this  State; 
said  reports  to  be  approved  by  the  Governor. 

Sec.  5.  Beit  furtJier  enacted .  T\\^i  the  sum  of 
twenty-five  thousand  dollars  is  iiereby  appropriated 
out  of  any  moneys  in  the  vState  Treasury  not  other- 
wise appropriated  to  carry  into  eftect  the  provisions 
of  this  act,  and  the  Auditor  is  hereby  required,  upon 
the  requisition  of  the  Governor,  to  issue  his  war- 
rant on  the  Treasury  for  the  same,  and  that  the 
Governor  appropriate  said  amount  in  such  sums  to 
llie  diflerent  hospitals  that  may  be  established  as 
herein  provided  for  as  he  may  deem  just  and  ne- 
cessary ;  all  charges  of  said  appropriations  to  be 
kept  in  the  Quarter-master  General's  department. 

Sec.  6.  Be  it  further  enacted,  -That  there  shall 
be  connected  with  said  hospitals  under  the  direction 
of  said  agents,  depots  for  receipt,  care  and  delivery 
of  all  such  consignments  as  may  be  forwarded  for 
the  Mississippi  troops,  near  and  about  said  hospitals. 

Sec.  7.  Be  it  further  enacted,  That  the  compen- 
sation of  said  agents  and  Physicians  shall  in  no 
easf  exceed  the  rate  of  one  thousand  dollars  per 
annum,  nor  shall  the  compensation  of  clerks  or 
nurses,  (provided  tliey  cannot  be  detailed  from  our 
troops  as  aforesaid,)  exceed  fifty  dollars  per  month : 
these  salaries,  in  all  cases,  to  be  approved  bv  tlio 
Governor. 

L-IJ 


oS  i.AAS's  OF  inssisaippi. 

.  ■  ..Sec.  8.  Be  it  further  enacted,  Tliat  the  sum  of 
five  thousand  two  hundred  and  ten  dollars  be  ap- 
propriated to  cover  all  liabilities  or  advances  in- 
curred or  made  by  or  uncl?r  the  authority  of  the 
Quarter-master  General  of  the  Shrte  for  the  relief 
of  the  hospital  established  at  Warrenton,  Virginia, 
under  the  care  of  the  Rev.  C,  K.  Marsliall.  and 
that  the  Quarter-master  General  be  authorized  to 
charge  such  expenditures  in  his  accounts  in  the 
same  manner  as  if  authorized  by  a  previous  law. 

Sec.  9.  Be  it  further  en  acted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 
Approver],  December  IG,  1861. 


CHAPTER  XIII. 

AN  ACT  to  confirm  the  location  of  Swamp  and  Overflowed 
.lands    in   Gregn  and   Jackson  Counties,   and  for  other 
purposes. 

Section  1 .  Be  it  enacted  hy  the  Legislature  of  the 
^taie  of  Mississippi,  That  the  location  of  Swamp 
and  Overflowed  Lands  made  by  Iliram  J.  Breeland, 
locatiug  agent  for  Green  County,  and  H.  Krebs, 
locating  agent  for  Jackson  County,  duly  appointed 
under  an  act  of  the  Congress  of  the  United  States  of 
America,  approved  September  28,  1850.'be  and  the 
same  arc  hereby  confirmed. 

Sec.  2.  Beit  further  enacted,  That  upon  the  pro- 
duction of  the  certificate  of  the  Secretary  of  State, 
certifying  the  amount  of  said  located  lands,  and 
that  authenticated  returns  of  the  same  have  been 
^Icd  it)  his  office,  it  shall  be  the  dut^'  of  the  Audi- 
tor of  Public  Accounts  to  issue  his  warrant  in 
favor  of  the  said  Ilirnm  J.  Breeland  and  H. 
Krebs  for  the  amounts  to  which  they  arc  respec- 
tively entitled  for  making  said  locations,  as  pre- 
scribed h\  tlio  law  under  which  the  same  Avere 
made. 

Sec.  3.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  bp  h^  force  from  and  nftf:^r  its  paf- 
sage.  ^ 

Approved.  I/ixviuoor  3,  ISGl. 


J..AWS  OF  MISSISSIPPI. 

CHAPITER  XT V 


59 


aN   act   Lo  I^  eulilled   on   >.oi  .lUiuo; ;.  .i.t,  im.  .  ^  luvn. .- -•, 
Treasury  Xotes,  as  advances  upon  cotton. 

Hec.  1.  lU  d  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  Governor  aii^  Aii-  Engraved 
ditor  of  the  Stale  yhall  contract  for  llie  printing  l''"^-^^ 
upon  engraved  [ilates  ^f  Treasury  notes  of  the 
denominations  of  one,  two  and  a  half,  three,  five, 
ten,  twenty,  fifty  and  one  lumdred  dollars,  to  be 
advanced  upon  cotton  at  the  rate  of  five  qents  per 
ponnd,  in  the  mode  and  manner  hereinafter  pre- 
scribed, ^aid  notes  shall  be  signed  by  the  Treas- 
nrer.  and  countersigned  by  the^iuditor,  and  c-liall 
read,  on  tlieir  face,  as  folIow>  : 


S 
o  •— 


On  demand,  after  proclamation  t()  pre- 
sent, Ihe  folate  of  Migsipsippii  will  pay* to 
bearer,  tlie  smn  «f 
dollar  [s]  out  of  prccced- 
ed  for  redem})tioii  ; 
surer's  ofhce  in  Jack;-qn, 

Issued  day  of 

Auditor  Publi''  -^ '■"'>Miit-. 


;cGn3  ol  cotton,  pjedg- 
0,  at  tlio  Trea- 
i^sippi. 

1 SY,     . 


Terms 
note. 


of 


Plates, 
how    pro- 


<S  "  'ireasurer. 

W  •73 
«J      1 

Receivable  in  pajTnent  of  all  dues  to  the  Stair 
and  counties,  except  the  military  tax. 

The  plates  so  engraved  shall  be  deposited,  in  a 
sealed  and  soldered  box,  in  the  ofTice  of  the  Trea- 
surer ;  and  the  Governar  is  authorized,  to  draAV  his  served 
warrant  on  the  Auditor,  who  shall  draw  his  war- 
rant on  the  Treasurer,  for  the  ])ayujcnt  of  the  sum 
due  for  tiie  engraving  and  printing  of  said  plates 
whicii  shall  be  paid  out  of  any  money  not  othcr- 
wifiG  appropriated .     Provided,  the  amount  of  notcfc 

L— 12 


60  LAWS    III-   MfSSISSlPPl. 

uuthoi-izcd  to  be  issued  by  this  act  shall  ru>t  excoed 
the  sum  of  five  inillions  of  dollar.-. 

Si:c.  2.  Be  it  farther  enacted,  Thut  upon  tiie 
icoeplion  ofgaid  'JVcasury  notes,  the  same  shall  he 
deposited  ^ritli  the  Treasurer,  iu  the  trcasui'y  of 
ho\va*d'  ^'^^^  ^tate  :  aud,  thereupon,  the  auditor  is  hereby 
vanced.  authorized  to  advance  the  said  treasury  notes  to 
the  people  of  this  State,  upon  the  security  of  cot- 
ton, in  the  following  manner,  and  upon  the  follow- 
ing terms,  to  wit  :  Any  person  desiring  to  obtain 
an  advance  upon  cotton,  shall  present  an  applica- 
tion, in  the  form  of  a  petition  to  the  auditor,  stat- 
ing the  county  of  his  or  her  residence — the  num- 
ber of  bale:-  of  cotton,  marks  and  numbers  on  the 
bales,  then  iu  his  or  her  actual  possession,  or  un- 
der his  or  her  immediate  control,  of  which  such 
person  is  owner -»-the  average  weigtit  of  said  bales 
-^the  average  character  of  said  cotton — the  place 
where  it  is  then  deposited —  that  the  same  is  sub- 
ject to  no  lien  or  encumbrance  whatever — and  the 
number  of  said  bales  upon  whicli  he  or  she  desires 
an  advance :  said  petition  shall  be  verified  by  oath 
before  the  auditor  or  any  officer  in  this  State  au- 
thorized to  administer  an  oath. 

Sec.  3.  Be  it  further  e?6«rft«i,  That  the  auditor 
shall  make  the  advance  so  applied  for,  when,  the 
Conditions  party  shall  execute  his  or  her  receipt  to  the  audi- 
ofadv'noo  tor,  specifying  tlie  number  of  bales  of  cotton  upon 
note.".  ^^y\xlQ\^  \iQ  or  she  has  obtained  an  advance,  and  the 
aggregate  amoimt  Of  said  advance.  Said  party 
shall  also  promise  in  said -receipt,  safely  to  keep 
and  to  deliver  the  said  cotton  at  some  specified 
city  or  seaport  in  the  Confederate  States  ;  to  some 
jierson  to  be  designated  by  the  said  party  in  said 
receipt,  or  to  some  cotton  factor  to  be  selected  by 
such  party  and  notified  to  the  Governor  at  the 
time  of  shipment,  and  at  such  time  as  the  Governor 
may  by  proclamation  require ;  and  that  the  pro- 
ceeds therefor  shall  be  subject  to  his  order.  Said 
cotton,  until  sold,  shall  remain  at  the  risk  of  the 
party  receiving  said  .advance.  In  addition  to  the 
said  petition  and  receipt,  !.he  said  party  shall  exe- 
cute a  bond,  in  double  the  amount  of  the  advance 
obtained,  for  the  further  security  of  the  same, 
which  Bhall  be  in  substance  as  follows  : 


i.aUs      ;•   MI^SISSUTI  61 

Tiir.  "•T'.Ti;  DP  M1S8TSSIIMM,  ) 

Count}.       \       (it   Bond. 
lvu(i\i  all  lufii  i      i  .     .  i!'.;)!  v'l-. 

MS  ])rincipfd,  am!  ;m<l 

a  -  Ills  M.-cui'itics. 
are  iioiiii*!  unto  the  State  of  Mis-:iy:sipni  in  tho  sum 
ui'  dollars.     There  is  a  condition 

tit  !!;r  .;it()ve  obligation.  Avhich  is  this:     The  paid 

has  obtained  from 
ihcrilale  uj  'Ji  -i-;sin!)i.  as  an  advance  on  cotton, 
the  sum  of  dollars,  in  tlie  Treasury 

notes  of  said  r^i>i;''.     New,  if  Ihe  said 

shall  fail  to  |»:\y  tiic  said  advaiiee  in 
gold  and  silver,  or  in  tho  said  treasury  notes,  v.hen 
re(]uired  by  the  Governor,  by  j)roclamati(Mi  so  to 
do  ;-  and  shall  likewise  fail  to  deliver  the  nmjiber 
of  bales  of  ('(Uton.  when  so  required,  in  aceordanee 
■with  his  reeeipi,  hei-ein  i-cferred  to.  executed  by 
the  said  ,  upon  ob- 

taining said  advance,  oi',  il  n\Kn\  its  delivery,  in 
lu^cordance  with  ,-*aid  rec-^ipt,  the  })roeeeds  thereof 
in  gold  and  silver,  or  in  the  .said  treasury  notc^, 
shall  not  be  api!ro])riatetl  by  the  jtersons  to  whom 
tlic  said  cotton  is  delivered,  in  discharge  of  said 
advance  ;  or,  if  upon  a  sale  of  said  cotton  by  said 
person,  the  nctt  jirocecds  thereof,  iii  gold  and  sil- 
ver, or  in  said  treasury  notes,  shall  not  be  sufficient 
to  discharge  said  advan(;e,  thcji  this  obligation  is 
to  be  in  force  to  the  full  anidunt  of  said  advance, 
or  such  ))oriion  of  it,  as  may  not  otherwise  have 
l)een  discharged.  Should  the  said  advance  be  fully 
|)aid.  then  this  obligation  is  to  l>e  void.  Witness 
our  hands  and  seals,  this  '"   •^<' 

186     . 
'Siirnedl 

iSKALj 

!  sc.vl] 

I  SEAL I 

The  re/'cipt  and  bond,  above  referred  to,  may  be 
executed  V»y  a  party  desiring  an  advance,  leaving 
blank  tliose  places  v^  hich  can  only  be  filled  uji 
upon  presentation  of  the' petition,  and  may  l)e  trans- 
mitted by  a  third  yicrson,  Otr  that  purpo.-^e.  'i'lu' 
Judge  of  '!.  '  Probate  ('ourtof  the  county  in  which 
any  a)^p!i' .lid may  reside,   shall  certify  upon  said 


LAWS   OF   MISSISSIPPL 

bond,  that  the  same  was  executed  and  acknowled- 
ged in  his  presence,  and  that  he  approves  the  same 
as  a  security  for  the  full  amoinit  that  can  be  ad- 
vanced on  the  number  of  bales  s])ecified.  in  the 
petition — which  number  shall  be  stated  in  his  said 
certificate.  He  shall  then  identify  the  said  petition, 
with  the  said  bond,  by  sonie  definite  mark,  and 
attach  them  together.  Said  bond  shalJ  be  filed  in 
the  office  of  the  treasin-er,  and  the  production  oi' 
the  same  upon  any  trial  shall  be  prima  fide  evi- 
dence of'  the  due  execution  and  validity  of  said 
,  bond  ;  and  the   Governor  is  hereby  required   to 

place  the  said  bonds  in  suit  upon  any  breach  of  tln^ 
same. 

Sec.  4.  Lk   it  further  enacted,    Tluit  upon    the 
presentation  of  said  petition,  and  execution  of  said 
Kates  of  receipt  and  bond,  the  Auditor  is  aulbwized  to  ad- 
cotton   to  yg^^(.Q  j^^Q  ^^^^.\J^  party,  not  exceeding  tlic  sum  of  five 
Q^  "  cents  per  ]DOund  of  Ijaled  cotton,  upon  Aviiich  the 

said  party  desires  an  advance ;  and  shall  draw  his  war- 
rant on  tlie  Treasurer  for  the  same  ;  which  warrant 
shall  specify  tliat  it  is  to  be  paid  out  of  the  said 
Treasury  Notes.  The  Judge  of  the  Probate  Court, 
the  Auditor  and  Treasurer,  shall  cacli  be  entitled 
to  demand  of  every  i)arty  applying-for  an  advance, 
the  sum  of  fifty  cents  ;  and  for  cacli  bale  over  fifty, 
upon  Avhich  any  party  receives  an  advance,  the 
Auditor  and  TreasuVer  sliall  receive  the  further 
sum  of  one  cent. 

Sec.  5.  Be  it  further  enacted,  That  the  petition 
for  an  advance,  shall  be  filed  by  the  Auditor,  in 
Keceipts,  the  ofiicc  of  the  Governor.  Tliat  tlie  receipt,  giv- 
how  filed  en  by  the  party;  shall  be  filed  in  the  office  of  tlie 
Auditor.  Any  person  desiring  to  pay  his  or  her 
advance,  shall  })ay  tlie  same  to  the  Treasurer,  in 
gold  and  silver,  or  in  the  Treasury  Notes,  issued 
under  this  act.  Said  Treasurer,  upon  such  pay- 
ment, shall  cancel  tlie  bond  of  the  person,  so  pay- 
ing his  or  her  advances,  and  shall  draw  his  order 
upon  the  Auditor,  in  favor  of  such  party,  specifying 
the  amount  so  paid,  in  gold  and  silver,  and  in  said 
Treasury  Notes.  Said  order  shall  be  filed  by  the 
Auditor,  and  shall  authorize  him  to  deliver  to  said 
party,  his  or  her  agent  or  attorney,  the  receipt  so 
filed  as  aforesaid. 


LAWS  OF  MISST8SIPPT.  GrJ 

Sec.  6.   Be  it   farther  enacted,  Tliat    wlioncvcr       Cotton, 
the  present  blockade  of  tlie  ports  of  the  Confedcr-  J^^J^"     *° 
ate  States  sliall  Ijc  removed— wliich  shall  be  deter-  ^^"''"^«''- 
mined  by  the  proclamation  of  the  Governor  declar- 
ing^ the  iact — the  Governor  shall   by   said  procla- 
mation, require  all  persons  to  wliom  advances  may  » 
have  l)oen  made,  to  deliver  the  number  of  bales  of 
cotton  upon  which  they  have  received  an  advance 
— in    accordance  with   their    i'es])ective  receipts 
within  ninety  days  from  the  dnte   of  snid  procla- 
mation. 

Sec.  7.  Be  it  fut titer  euaeted.  That  the 
Governor,  who  is  hereby  authorized  to  settle  the 
same,  shall  receive  from  the  persoas  to  Avhom  the 
cotton  may  l)e  delivered  for  sale,  by  the  jiarties 
obtaining-  advances,  nothing'  but  gold  and  silver,  or 
the  Treasury  notes,  issued  under  this  net.  in  pay- 
ment of  said  advances. 

Sec.  S.  Be.  it  further  cu'idcd, 'I'hat  the  funds  so         , 
received  by  the  Governor,   in  payment  of  said  ad-  p!i"fg^j  '" 
vaneos.  shall  be  deposited  with  tlic  Treasurer,  and 
placed  in  the  Treasury  of  the  State.    Tiie  Govern- 
or shall  take  the  receipt  of  the  Treasurer  therefor,-  ' 
All  of  said  Treasury  Notes,  received  by  the  Gov- 
ernor, in  payment  of  said  advances,  shall  bo  can- 
celled by  the   Treasurer,  in    the   presence   of  the 
Governor,  and  tiled  in  tlie  ©{fice  of  tlie  Treasury. — 
Any  person,  whose  advance  haslieen  paid  by  a  sale 
of  cotton,  and  deposite  of  the  amoimt  as  aforesaid, 
may  apply  to  the  Treasurer,  and  obtain  an  order 
on  the  Auditor  for  the  delivery  to  such- person,  of 
his  or  her  receipt,  as  ]irovided  for   in  cases  of  pay- 
ment before  sale. 

Sec.  0.    Beit  further  enacted,   That  all    money 
received  in  payment  of  said  advances  without  sale 
of  (jotton— all  money  received  upon  a   sale  of  said      [Tg^"^*^ 
cotton, — all  money  recovered  by  suit  upontlic  bonds  j^j^^e  pro 
herein  required  to  be  executed — and  all  forfeitui'6s  fcren:e. 
that  may  be  recovered,   under  this  act,  and  said 
fund  only  are  hereby  pledged   for  the  redemption 
of  the  said  Trea.sury  notes,  nor  shall   any  portion 
of  the  same  be  applied  or  appro)")riated  to  any  other 
purpose  Avhatever  until  all    of  the   said   Treasury 
>fotes  arc  redeemed. 

Sec.  10.  Be  it  farther  enacted,  That  tlic  said 
Treasury  Notes  sihall  be  receivable  in  payment  of 


fU  '     LAWS    OF    iMlSiilSiSil'PJ. 

Notes  le-  all  taxes  now  due,  or  that  may  hereafter  become 
oeivcd,  for  ,^.je^  |q  \\^[^-  .State,  or  to  any  county  or  scliool  fund 
what.  or  municipal  eorporation.  Said  notes,  when  so  re- 
cei^'ed  for  taxes,  may  auain  be  paid  out  by  the 
Treasurer,  upon  any  wai-Vnnt  of  the  Auditor,  drawn 
upon  the  .ueneral  Treasury,  and  the  same  may  also 
t)e  paid  out  Ijy  tlie  disbursing  officers  of  counties 
aiidnninicipal  corjjorations.  and  by  persons  having 
control  of  any  school  fund  created  by  taxation, 
when  authorized  to  do  so  by  the  proper  authority. 
Such  of  stiid  notes  as  ure  received  in  the  Treasury, 
in  payment  of  said  adva'sces.  shall  bccancelh^d  by 
the  Treasuser  and  preserved  in  liis  office  ;  Prov'ule<J. 
that  this  section  shall  not  aj»ply  to  the  Treasury 
Notes  issued,  or  thatmoyliereai'ter  be  issued,  undej- 
the  ordinance  of  the  Convention,  entitled,  ''An 
Ordinance  to  raise  means  for  the  defense  of  the 
State,"  passed  January  26tli,  ISGl.  or  by  virtue  ol" 
an  act,  approved  tlie  29t]i  day  of  November,  1861. 
entitled,  '"An  Acf,  making  the  Treasury  Notes 
issued  inider  an  ordinance  of  t)ie  State  Convention 
receivable  in  ])ayinent  of  dues  to  the  State,  at  all 
times,  before  and  after  the  period  hxed  for  their 
redemj)tion,  and  for  other  purposes." 

Sec.  1 1 ,  Be  it  /  urtJier  enacied.  That  the  (to vernov 
Proclama-  ■~'''^^K  ^0'  pi'oclamation,  .from  time  to  time,  in  his 
tion  to  be  discretion,  make  known  lliajt  tlie  Treasurer  is  able 
issued.       to  redeem  all,  or  asj)eei(ied  portion  of  said  Treasu- 
ry Notes,  and  npoti  in'esentation,  said  notes  shall  be 
redeemed  in  tlie  gold  and  silver  so   received  and 
deposited  in  i)ayment  of  said  advances,  and  when 
so  redeemed,  said  Treasury  notes  shall  be  cancelled. 
Sec,  12.  i?e  ?/  /wrMev  ^'ymc/crf,  Tliat  no  property 
1  bT^^       whatever  sliall  be   exempt  from   seiziu'c   and  sale, 
under  execution  issued  upon  an}- judgment  recovered 
in  any  suit  n])on  any  bond  herein  retjuii-ed.  or  other 
cause  of  action,  oi-iginating  under  the  jjrovisions  of 
this  act. 

Sec.  lo.  Be  iJ  further  enacted,  Tiiat  any  person 
Penalty  who  shall,  wilfully,  swear  ftxlsely  iji  relation  to  any 
for  false  fact  required  to-  be  alleged  in  his  or  h(;r  petition, 
swearing,   presentdl  Uj)nn  application   to   obtain  an  advance 
upon  cotton,    under  this   act,  shall  be  liable  to  in- 
dictment Ibi'  perjury,  and,  on   conviction,    thereof, 
hall  be   imjirisoned  in   the  PcnUfntiary  not  less 
ihnn  five  nor  mon*  than  ten  y<'nrs. 


LAWS  OF  MISSISSIPPI.  65 

Sec.  14.  Be  it  further  enncted,  That  luiy  parson  Penalty, 
who  shall  fail  to  pay  the  amount  of  his  or  her  ad-  f*'^*^°  *** 
vance.  in  gold  and  silver,  or  in  Treasury  notes  issued  P*^' 
under  tlys  act.  previous  to  a  sale  of  his  or  her  cot- 
ton :  and  shall  wilfully  fail  to  deliver  the  number 
of  bales  of  cotton,  upon  which  ho  or  she  obtained 
an  advance,  in  accordance  with  liis  or  her  receipt 
heroin  required  to  be  executed  ;  or,  who  shall  pre- 
vent or  attemi)t  to  prevent  a  sale  of  said  cotton — 
or  prevent  or  attempt  to^^revent  a  payment  of  the 
proceeds  of  said  cotton,  in  discharge  of  his  or  her 
advance,  by  the  person  to  Avhom  eaid  cotton  may  be 
delivered  whilst  said  advance,  or  any  part  thereof 
is  unpaid,  shall  be  liable  to  indictment,  and  on  con- 
viction thereof,  shall  be  imprisoned  in  Penitentiary 
not  more  than  live  years.  In  addition  to  said  pun- 
ishment, said  party  so  ofiending,  shall  forfeit  and 
pay  to  the  State,  double  the  amount  due  upon  said 
advance,  to  be  recovered  in  the  name  of  the  State 
of  Mississippi,  in  any  court  having  jurisdiction 
thereof.  Any  mone\'  so  recovered,  shall  be  placed 
in  the  I'reasury.  with  the  fund  arising  from  the 
payment  of  .said  advances,  and  applied,  if  necessary 
to  the  redemption  of  sai^'  Treasury  notes,  Provided 
that  any  person  liable  to  indictment  and  forleiture, 
under  this  section,  may  apply  to  the  Governor 
for  permission  to  ])ay  his  or  her  indebtedness,  due 
upon  said  advance,  and  upon  each  jiayment.  the 
(lovernor  may,  in  his  discretion,  decline  to  institute', 
or  may  di.-^charge  any  proceeding  under  this  section, 
pending  againk  such  delinquent. 

>Ec  1").  fie  it  further  enacted..  That  any  public 
officer  or  other  ])erson  who  snail  embezzle,  or  in 
any  way  whatever,  issue  or  appropriate,  any  of  the 
said  Treasury  not^s.  or  who  shall  embezzle,  or  i.^uc. 
use  or  appropriate,  in  any  manner  whatever,  any  of 
the  funds  connected  with  tlic  issue  and  redemption 
of  said  Treasury  notes,  not  in  accordance  with  the 
provisions  of  this  act,  shall  be  liable  to  indictment 
therefor  :  and  on  conviction,  shall  be  punished  bj 
imprisonment  in  the  Penitentiary  not  less  than  ten 
y(  ars. 

Si:(\  If),  licit  nirtJicr  cnacfrd.  That  articles  lOS, 
114,  115  and  IIG,  of  section  thirtj-one,  of  chapter 
sixtv-four  of  the  Revised  Code,  are  horebv  declared 


!>(>  LAWS   OF    MISSISSIPPI. 

to  be  a  part  of  tliis  act.  and  applicable  to  the  Trea- 
sury notes,  issued  by  virtue  of  the  same  :  and  any 
person  w-ho  shall  be  convicted  of  any  of  the  oftcnces 
spocified  in  said  articles,  in  reference  to  the  said 
Treasury  notes,  sliall  be  jxmistied  by  imprisoument 
in  the  Penitentiary  not  less  than  fen  venrs. 

Sfic.  IT.  Bf  it  furt/ie'- rnacfvd,  'That  {he  Auditor 
Books  to  aud  Treasurer  arc  hereby  required  to  keej)  such 
l>e  kept,  books,  and  to  make  such  entricaas  uiay  be  necessary 
to  show  the  nuin))er  and  amount  of  the  Treasury 
notes  issued  under  this  ao^,  the  date  of  their  issu- 
ance, the  persons  to  whom  issued,  the  amount  repaid, 
by  whom,  and  when,  and  in  Avliat  fmids,  together 
with  such  other  entries  as  may  be  required  fully 
and  distinctly  to  show  all  tlieir  actings  and  doings, 
in  relation  to  the  Treasuiy  notes  authorized  by 
this  act. 

Sec.  1 8.  Be  itfartker  enacted,  That  the  provisions 
of  this  act  shall  only  apply  to  the  cotton  made  in 
this  State  in  the  year,  1861. 

Sec.  19,  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and"  after  its  passage. 

Approved,  December  19,  1861. 


CHAPTER  XV.   - 

EESOLUTIOX  to  appoint  delegates  to  Southern  Planters 
Convention  to  be  held  at  Memphis  on  the  16th  Dec.  1861. 

Resolved,  (the  House  concurring),  That  the  Gov- 
ernor be  requested  to  appoint  four  delegates  from 
each  Congressional  District,  to  act  in  connection 
with  delegates  appointed  by  *the  Agricultural 
Bureau  nnd  Agricultural  Societies  of  the  several 
counties  to  represent  this  State  in  th.e  "Southern 
Planters  Convention,'"  proposed  to  bo  held  at  the 
City  of  Memphis  on  the  16th  day  of  December  next. 

Approved.  November  28th,  1861. 


CHAPTER  XVJ. 

KESOLUTIOX  appropriating  cartridge  boxes  to  tfie  Smitr. 
Quitman  lUfles. 

Ju.^olved,  That  ihc  (.'hiei'  of  Ordji.-i.* .  .  .  . ,  ^>.J  in- 
is  hereby  required  to  deliver  to  the  Smith  (/Tiitina3i 
'B.ifle.^,  a  Yolur.tocr  ..oin))un\  in  the  city  of  Jackson; 
and  the  Ivaiikin  mounted  Tvilles,  cidistrd  under  th«' 
recent  call  of  the  C!ovcruor,  a  number  of  cartridg<' 
boxes  equal  to  the  number  «>f  privates  and  non- 
commissioned officers  in  said  conijianies,  upon  thf 
Captains  of  said  companies  oxecutinii;lo  him  theii- 
receipt  for  the  same.  Frovided  hoivever,  there  may 
be  that  number  in  his  Department  unappropriated. 

Approved  November  27,  1801. 


CHAPTEll  XVTl. 

RESOLUTION  to  authorise  the  Chiefof  Ordnance  to  furnish 
accoutrements  to  Fireside  Defenders. 

Rcfiolucd,  That  the  Chief  of  Ordnance  be  and 
he  is  hereby  requied  to  deliver  to  the  Fireside 
Defenders,  a  volunteer  company  from  the  county  of 
llankin  under  the  recent  call  of  the  Governoi-. 
belts,  caps  and  cartridjie  boxes  equal  to  the  num- 
ber of  non-commissioned  officers  and  privates  in 
said  comi)any  entering'  into  bond  in  double  the 
value  of  said  accoutrennmts.  paya1)lc  to  the  State 
of  Mississippi  Avith  .<rood  and  sufficient  security,  to 
be  approved  ])y  said  Chief  of  Ordnance  and  condi- 
tion for  the  faithful  i-eturn  of  said  accoutrements 
when  said  company  shall  Ite  discharjre  \ 

Approved,  Xovcmbcr  20.  1.S81. 


CHAPTER  XVIII. 
RESOLTTTIONS  appointing  cert;ii-i  committees. 
Rc8olvcd,  Tliat  two  committees,  each  to  consist 


6S  LAWS    ()]■■    AUSBl^blPi'l. 

I 

ufoue  on  cho  part  of  llie  Senate,  and  two  on  the' 
part  of  the  lloiise,  bo  appointed  to  set  in  vacation, 
.  the  one  to  examine  the  offices  of  Chief  of  Ordnance, 
Adjutant  General,  and  Quartermaster  General,  as 
vroil  as  the  proceedings  and -accounts  of  the  Militai 
ry  Board ;  the  other  for  the  examination  of  the 
office^:  of  Auditor.  Treasurer,  and  Secretary  of 
K^tate.  and  Executive  OQicc,  as  well  as  the  accounts 
of  the  Penitentiary,  Lunatic  Asylum,  and  the  in- 
stitutions of  the  Deaf  and  Dumb  and  Blind,  and 
that  said  committees  have  full  power  and  autliority 
to  send  foi;  papers,  summon  witnesses,  and  if  neces- 
sary, examine  them  on  oatii,  and  that  said  commit- 
tees upon  the  conclusion  of  such  exauiinations 
thorou<2:hly  made,  shall  report  tlie  same  to  tlie  Gov- 
ernor, furnishing  with  said  reports  condensed  ab- 
stracts of  all  information  needful  for  publication, 
which  abstracts,  the  Governor  shall  order  to  be 
printed. 

Resolved  further,  That  the  members  of  said  com 
mittee  shall  be  entitled  to  receive  the  sum  of  four 
dollars  per  day  each  for  the  time  employed  in  said 
examinations,  and  that  the  Auditor  1)C  hereby  re- 
quired to  issue  his  warrant  on  tlio  Treasurer  for 
the  same. 

Approved,  November  29. 1 8<:n . 


CHAPTER  XIX. 

RESOLUTIONS  by  the  Legislature  of  the  State  of  Misis- 
sippi  in  rel.ation  to  the  battle  of  the  21st  October,  1861. 

liesolved,  by  the  Lcp-islature  of  the  Stoie  (>/'  i)/is- 
dssijrpi,  That  Mississippi  has  hailed  with  joyous 
pride  the  intelligence,  of,  the  ever  memorable  and 
glorious  battle  of  the  21st  of  October,  in  which  so 
large  a  share  of  the  honors  of  the  day  fell  to  her 
gallant  sons — that  we  deeply  sympatliize  with  them 
in  the  hardships  they  endured,  and  in  the  loss  of 
companions  honored  and  loved. 

Resolved  further,  Tliatthe  Colonels  of  the  13th, 
17th  and  18th  Mississippi  Eegiments,  cause  these 
resolutions  to  be  r<^ad  at  the  he:vl  o.{  their  respec- 
tive commands. 


LAW?   fir   AllSSlSSJPPf.  50 

Ilttiolvcd.  That  the  Clerk  ol'  the  House  of  iiepre- 
cntatives  furnish  them  copies  for  that  purpose. 
Approved.  November  23,  .1861. 


CHAPTER  XX. 

JOINT  RESOLUTION  to  fill  a  vacancy  in  tho  rrovisional 
Congre-13  of  the  Confederate  St:itee. 

.Resolved  hij  (he  L^glslalure  of  the  State  of  ^liffnis- 
sippi.  That  the  two  Houses  will  meet  in  joint  Con- 
vention on  Friday  the  22d  day  of  November  in- 
stant at  12  o'cloek  M.,  in  the  Hall  of  the  House  of 
Representative?  for  the  purpose  of  electing"  a  Dole- 
gate  to  the  Provi.-^ional  Cougre;-s  of  the  Cunfeder- 
ate  States  to  till  the  vacancy  caused  by  tlie  resigna- 
tion of'the  Hon.  Alexander  M.  Clayton,  late  one 
of  the  delegates  from  the  State  of  Mississippi. 

Approved,  November  2;i.  18G1. 


CHAPTER  XXI. 

RESOLUTION  in  relation  to  furnishing  the  Newton  Rebels 
with  cartridge  and  cap  boxes. 

Jicsolvi'd  hy  the  Simite  (the  House  concurring), 
That  the  Chief  of  Ordnance  be  required  to  lurnish 
the   '"Newton  Rebels,"'  a  volunteer  company  from 

Newton  count}-  witli    cap  and   cartridge 

boxes,  and  tlu'  Captain  of  said  company  be  required 
to  give  bond  in  double  the  value  of  the  articles 
furnislied  tlie  company  with  good  and  sufficient 
Becupity,  to  be  appro\ed  by4he  Chief  of  Ordnance, 
payable  to  the  State  of  Mississippi,  conditioned  for 
the  safe  return  of  the  same  wlienever  the  said 
company  disbands. 

Approved,  December   11.  IS'iil. 


70  LAWS  OT  MISSISSIPPI, 

CHAPTER  XXIT. 

W  liLUJ'iAs,  /a'iI!;is,a.  dark  iitiVAoiori,',  Ut-wiij 
on  the  20tli  clay  of  February,  LSGO,  entered  at  the 
land  office  in  the  city  of  Jacksou,  lots  Xo.  11  and 
12  of  Section  26,  township  23,  range  8  cast,  for  tlio 
sum  of  one  hundred  and  forty  dollars  and' forty- 
five  cents,  and  whereas,  it  now  appears  that  said 
lands  had  before  that  date,  to-wit :  on  the'llSth  of 
January,  185-1  been  sold  and  ennvnycd  ■  "  t'-^'^-^tatc 
^    to  one  David  S.  Byrd. 

•  Section  1 .  JBc  it  ihere/vn-  cnadcd  b//  l-lc  J^cgu^- 
lature  of  the  State  of  Missisdppi,  That  the  Audi- 
tor of  Public  Accounts  be  directed  to  issue  his' 
warrant  on  the  Treasury  in  favor  of  Zenias  A. 
Clark  for  the  sum  of  one  hundred  and  fdrt/^and 
forty-five  one,  Imndreths  dollars.  • 

Sec.  2.  Be  it  hiriher  enacted,  That  this  act  tako 
efiect  and  be  in  force  from  and  after  its  ])assa.o:e. 

Approved,  December  3, 18(11. 


CHAPTER  XXin. 

AN  ACT  to  provide  for  the  collection  of  certain  arrears  of 
taxes  in  the  county  of  JefTerson. 

WiTEREAR.  It  is  represented  that  a  large  amount 
of  the  State  and  county  taxes  of  the  county  of 
Jefferson,  due  by  the  assessmcnt^of  1S60,  and  wliich 
ought  to  have  been  collected  In  the  year  1861. 
remains  uncollected  ;  therefore,    ■ 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the 
State  of  Mississippi,  That  tlic  tax  collector  yf  the 
county  of  Jefferson  be*  and  he  is  hereby  authorized 
and  required  to  collect  all  the  State  and  county 
taxes  in  said  county  of  Jefferson  which  ought  to 
liavc  been  collected,  and  paid  into  the  State  or 
county  Treasury  on  or  before  the  first  day  of  July 
last,  and  which  remain  uncollected,  and  that  the 
same  be  collected  in  the  same  manner  as  the  other 
taxe;^  of  the  current  fiscal  yeai',  and   paid  into  the 


i.AW!^   OP   MISSfSSlPPI. 

* 

State  and  county  Treasuries,  at  tlie  same  time  and 
in  the  same  manner  that  other  taxes  arc  required 
to  be  paid,  and  that  the  said  tax  collector  sliall  be 
liable  on  his  bond  for  the  taxes  collocted  nnder  this 
act  in  the  same  manner  as  for  other  taxes  collected 
bv  liim. 

'  Sec.  2.  Ik  il  ['ndhcr  mcntcif,  That  the  said  tax 
collector  shall  kee|3  and  report  nnder  oath  to  the 
Auditor  and  county  Treasnrer,  a  separate  and  full 
report  of  the  amount  collected  nnder  this  act,  and 
sjiall  be  allowed  connnissions  thereon,  as  in  other 
cases,  and  the  amounts  paid  in  nnder  this  act  shall 
be  applied  by  the  Auditor  and  county  Treasurer 
respectively  to  the  credit  of  the  l)alanee  stahdinf:' 
against  R.  F.  ^IcGinty,  late  tax  collector  of  said 
county  for  his  failure  to  collect  the  same  :  and  that 
this  act  shall  not  effect  the  remedy  of  the  State 
or  county  against  the  said  McGinty  and  his 
sureties. 

Si±.  3,  Be  it  fnrl.ha- (.uactitd,  'J'liat  tins  act  shall 
take  effect  from  its  jiassage. 

A])provcd  November  2.).  ]S()i. 


CHAPTER  XXIV. 

AN  ACT  to  reduce  the  fees  of  certain  officerfj  in   Neshoba 
county. 

Setiox  1 .  Be  it  cnacfcd  by  (Ac  Legislature  of  the 
State  ni'  .Mississippi,  That  the  Probate  Judge  of 
said  county  shall  receive  the  sum  of  two  hundred 
and  fifty  dollars  per  annum,  instead  of  three  hun- 
dred and  fifty  dollars  as'now  allo^^'ed  by  law. 

Sec.  2.  lie  it  further  nit'di:(l,  That*  the  mem- 
bers of  the  Eoard  of  Police  of  said  county  shall 
receive  the  sum  of  one  dollar  and  fifty  cents  each 
for  each  day  in  vriiich  they  aro  actually  engaged  in 
dischatgcof the  duties  >'f  "'-•  oflirn  nnd  nothing 
more. 

Sec.  :b  Be  it  further  i:ua<  Ud,  That  Inspector,- 
and  Clerks  of  election  in  said  county  shall  be  enti- 
tled to  no  compensation. 

Sec.  a.    Tir  il    frrlh>  ,■   ma, -I,,],  Thai    nil    law^ 


72  LAWS   OF   MISSISSIPPI. 

and  parts  of  laM'S  contravening  tho  provisions  of 
this  act  be  and  the  same  arc  liereby  repealed,  so 
far  as  said  county  is  concerned  ;  and  that  this  act 
shall  take  effect,  and  bo  in  force  from  and  after  its 
passage. 
Approved.  November  2\\  IMOl. 


CHAPTER  XXV. 

AN  ACT  to  authorize  the  Board  of  Police  of  Smith  county 
to  appropriate  the  monies  arising  from  the  sale  of  estrays 
to  county  purposes,  &c. 

Section  1.  Beit  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  Board  of  county 
Police  of  Smith  county  be  and  is  hereby  authorized 
to  appropriate  the  funds  arising  from  the  sale  of 
estrays  and  runaway  slaves,  and  wliich  shall  not 
be  claimed  by  the  owners  thereof  within  the  time 
limited  by  law,  to  county  purposesrii'stead  of  com- 
mon or  free  schools. 

Sec.  2.  Be  it  further'  enadcd,  That  it  is  the 
duty  of  the  Ranger  to  take  county  claims  inpay- 
ment for  any  estrays  sold  in  said  county  of  Smith, 
afte'r  the  costs  are  paid. 

Sec.  o.  Be  it  further  enacted,  That  the  county 
Treasurer  be  authorized  to  receive  county  claims 
for  all  forfeitures  and  fines,  in  said  county  of 
Smith. 

Sec.  4.  Be  it  further  enacted,  That  all  acts  and 
parts  of  acts,  in  conflict  with  tliis  act  shall  bo  and 
the  same  arc  hereby  repealed  so  fnr  as  Smith  county 
is  concerned. 

Sec.  5.  Beit  further  enacted,  Tltat  this  act  shall 
take  effect  and  be  in  force  fro'^t:  Jtnd  after  its  pas- 
sage. 

Approved  November  29,  1861. 


LAWS  or   MISSISSIPPI.  11 

CHAPTER  XXVI 

AN  ACT  to  define  and  punish  the  crime  ol  the  fraudulent 
removal  of  personal  property  under  mortgage,  pledt^o  or 
deed  of  trust  and  lions  byjud^mont,  from  thia  State. 

Section  1.  Be  it  enacted  by  the  Lcglslainre  of  the 
State  of  Mississippi,  Tliat  if  auy  person  shall 
remove,  or  cause  to  be  removed  to  any  place  beyond 
the  jurisdiction  of  this  State,  any  personal  property 
which  shall  at  the  time  of  such  removal  be  under 
written  pledge,  mortgage,  or  deed  of  trust,  and 
liens  by  judgment,  in  this  State,  with  intent  to  de- 
fraud the  pledge,  mortgagee,  trustee,  or  cestive  qui 
trust  of  said  property,  said  person'shall  be  deemed 
guilty  of  felony,  and  upon  conviction  thereof  lieforc 
a  court  of  competent  jurisdiction,  shall  be  impri- 
soned in  tlyi  Penitentiary  for  one  year. 

Sec.  2.  Be  it  further  enacted,  That  if  any  per- 
son shall  remove  or  cause  to  be  removed,  or  shall 
aid  or  assist  in  removing  to  any  place  beyond  th(i 
jurisdiction  of  tliis  State,  any  personal  property 
upon  which  there  shall,  at  the  time  of  such  reaiovaJ, 
be  any  judgment  or  excciition  lien,  within  thr  State, 
with  intent  to  defraud  the  person  entitled  to  tho 
benefit  of  such  lien,  such  person  shall  be  (ioemed 
guilty  of  felon V,  and  upon  conviction  thereol",  shall 
be  imprisoned tn  the  Penitentiary  for  one  y<  nr. 

Approved.  November  29.  186i. 


CHAPTER  XXYIl. 

KESOLUTIOX  appropriating  cartridge  and  cap-hoxes  to 
the  Lafnyetto  Sharp-shooters  and  other  Volunteer  Com- 
panie.s. 

Resolred  hi/  (he  Legislature  of  the  State  4  Min 
sissippi.  That  one  hundred  and  fourteen  cartridge 
boxes  and  cap  boxes  be  furnished  to  the  LMfayeito 
Sharpshooters  now  in  camp  at  Grenada,  fiom  the 
State  armory,  upon  said  company  executing  a  good 
and  sufficient  bond  for  the  same:  and  also  lo  Caitt. 
Rarry'sComi>any  now  in  c«mp  at  Grenada,  and  the 
"Yankee  flunlers."'  Cn]it.  Thorap.^on's  company  of 
Madison  count)-. 

J^pproved  December  11.  1861. 


74  LAWS   OF   MISSISSIPPI. 

CHAPTER  XXVIIl. 

AN  ACT  to  estend  the  provisions  of  an  act  entitled  An 
Act  to  prohibit  the  sale  and  gratuitous  distribution  of  vi- 
nous, spirituous  and  feriucntingpiquora  within  four  miles 
of  Weiitville  Seminary,  in  Simpson  County,  and  for  other 
purposes,  to  Police  District  No.  3,  in  Simpson  County. 

.,;Sect1ox  1.  Be  it  eimctccVhy  the  Lep;islature  of  th' 
State  of  .Misslssipjr',  That  the  provisions  of  an  act 
entitled,  an  act  to  prohibit  the  sale  and  gratuitous 
distribution  of  vinous,  spirituous  and  fermenting 
liquors  within  four  miles  of  Wcstville  Seminary',  in 
Simpson  County,  and  for  otlier  purposes,  approved 
February.  18G0,  bo  and  the  same  are  hereby- ex- 
tended to  Police  Disti'ic.'t  nu'n'iK'r  throe,  in  Simpson 
County. 

Sec.  2.  Be  U  farther  t'nar led,  That  tliis  act  take 
eflbct  and  be  in  force  from  and   after  its  passage. 

Approved.  December  :^.  1801. 


CHxVPTER  XXIX.  • 

AN  ACT  Lo   amend  Chapter  twenty-three  of  the   Revised 
Code  so  far  as  regards  the  County  of  Adams. 

Section  1.  Be  it  enacted  hij  the  Legislature  of  the 
State  0^'  Mississippi,  Tliat  so  much  of  Chapter 
twenty-three  of  the  Revised 'Code  as  refer.^  to  the 
appointing  of  Overseersi  of  the  Poor,  1jy  the  Board 
of  Police,  and  the  duties  of  said  oversee^-s.  be  and 
the  same  is  hereby  i-opc.iled.  so  far  ns  regards  tlic 
County  of  Adams.  '    , 

Sec.  2.  Be  it  fartlur  enacted,  Tijat  the  Board 
of  Police  ot  .'jaid  county  shall  perform  all  the  du- 
ties heretofore  incumbent  upon  the  Overseers  of 
the  Poor  or.  said  county. 

Sec.  o.  Be  it  farther  enacted,  That  this  act  shali 
take  effect  and  be  in  force  from  and  after  the  expi- 
ration of  the  present  term  of  said  overseers. 

.\pproved,  December  3.  ISfil. 


LAWS  OP  MiS9I98rPPI.  75 

CHAPTER  XXX. 

AN  ACT  to   reduce   the  Salary  of  the  Probate  Judge  of 
Tishomingo  County. 

Section  1 .  Be  if  enacted  by  the  Legislature  of  the 
State  of  Jlississiiipi.' Tlmt  hereafter  tlie'salary  of 
the  Probate  Judge  of  Tishomingo  County  shall  be 
six  hundred  dollar?,  instead  of  eight  hundred 
dollars.' 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall 
take  cft'ect  and  be  in  force  from  and  after  the  first 
day  of  January,  1862.  _ 

Approved,  Decembers,  1861. 


CHAPTER  tXXJ. 

AN  ACT  to  amend  an  act  in  relation  to  the  Charter  of 
'Brooksville. 

Section  1.  Be  it  ciwctcd  by  the  Legislature  of  th*i 
State  of  Mississippi,  That  an  election  be  held  in 
the  town  of  Brookvcllc,  on  the  last  Saturday  in 
December,  1861,  or  at  any  time  thereafter,  Provi- 
ded, that  ten  days  notice  be  given  of  the]  samo  by 
any  citizen  of  the  said  town. 

Sec.  2.  Be  it  further  enacted,  That  the  sum  of 
six  dollars  be  substituted  for  that  of  three  dollars 
where  it  occurs  in  section  five. 

Sec.  3.  Be  it  further  cnaatcd.  That  all  acts  or 
parts  of  acts,  inconsistent  with  the  provisions  of 
this  act.  bo  and  the  same  are  hereby  repealed,  and 
tliat  this  act  take  efi'cct  and  be  in  force  from  and 
after  its  passage. 

Approved,  November  29,  1861. 


CHAPTER  XXXn.  . 

AN  ACT  to  amend  an  su.t  to  incorporate  the  Vernal  Male  and 
ITciaaio  Acadsmy,  in  Grceue  Counf/.  sn.-]  lor  other  pur- 
posoB,  ap'^xj^ed  Febraary  :%  1830. 


i(>  LAWS  OF   SllflSISSIPPI. 

State  of  3Iississippi,  That  said  act  be  so  amended 
that  the  election  of  the  Trustees  shall  be  annual 
instead  of  tri-annual.  as  by  eaid  act  provided. 

Sec.  2.  Be  it  further  enacted,  That  said  trustees 
shall  be  empowered  and  authorized  to  hold  pro- 
perty, real,  mixed  and  perpoual,  to  an  amount  not 
exceeding  fifty  thousand  dollars. 

Sec.  v.  Be  it  further  enacted,  That  all  acts  and 
parts  of  acts  conflicting  with  this  act  be  and  the 
same  are  hereby  repealed,  and  that  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  iS^ovember"21>,  1861. 


CHAPTER  XXXIII. 

AN  ACT  to  reduce  the  Salary  of  the  Probate  Judge  and 
the  per  diem  of  the  Members  of  the  Board  of  Police  of 
Hancock  Count}'. 

wSectiox  1.  Be  it  cnaclcd  by  tM  Legislature  of 
the  State  of  Misir^isipioi-,  That  the  salary  of  the 
Probate  Judge  of  Haficock  County  shall  be  one 
hundred  dollars  per  annum,  instead  of  two  hundred 
dollars  as  now  provided  by  law. 

Sec.  2.  Be  it.  farthfr  enacted,  That  each  Mem- 
ber of  the  Board  of  Police  shall  receive  one  dollar 
and  fifty  cents  per  day  for  each  day  occupied  in 
the  discharge  of  his  duties. 

Sec.  3.  Be  it  further  enacted,  That  this  act  take 
effect  aud  be  in  force  from  and  after-  the  first  day 
of  January,  186i. 

Approved  November  "23.  1861. 


CHAFTEB.  XXXIV. 

RESOLUTION  for  the  promotion  of  not  only  oar  political 
uut  na-teris.!  prosperity  at:i  ^r;-33p«nclen«'. 

"Wheeeas,  i'ii.a  well-directed  system  of  mixed 
husbajidry  consists  the  trae  elements  of  our  mate- 


LAWS  OF  MISSISSIPPI.  77 

rial  prosperity  and  independence  ;  and  whereas, 
this  end  cannot  be  attained  by  the  s^ystcm  of  ex- 
clusivene??;  heretofore  ])racticed  by  the  planting  of 
cotton  ;  and  whereas,  it  is  necessary  lo  changethc 
habits  of  our  people  in-order  to  inaujiurate  a"  more 
judicious,  economical  and  trenerally  sustaining-  sys- 
tem :  and  whereas,  a  largo  surplus  oi'  co'tton  on 
hand  at  the  raising  of  the  blockade  \V4)uld  result 
in  ruinously  Ioav  prices  for  years,  and  our  prosper- 
ity materially  abridge  by  neglect  of  the  cereals 
and  of  stock  :  and  whereas,  wo  are  now  feeling 
and  will  "continue  to  feel  the  paralyzing  eiTects  of 
studied  neglect  of  mixed  luisbandry  heretofore, 
and  too  much  cugrossmeiit  in  the  production  of 
cotton  :     Therefore,  \ 

1st.  Be  it  resolved  hj  the  Legislature  of  the  State 
o/'  3Iississi2^2^i,  That  our  planters  and  farmers  be 
requested  to  plant  not  exceeding  one-fourth  of  the 
usual  or  a^■erage  amount  of  cotton  during  tlie 
continuance  of  the  blockade,  and  to  form  county 
association-  promotive  of  this  cud,  pledging  theiV 
word  of  honor  nr)t  to  exceed  the  amount  to  be 
planted,  embraced  in  this  section.    • 

2d.  Resolved,  That  oui'  planters  and  farmers  arc 
hereb}-  exhorted  to  largely  increase  the  amount 
and  breadth  of  land  to  grain  and  the  grasses,  to 
give  increased  attention  to  the  raising  of  stock 
and  the  growing  of  fruits  generally. 

'h'd.  Resolved,  That  the  Legislatuse  of  our  sis- 
ter cotton  Stntes  are  hereby  most  respectfully  in- 
vited to  join  us  in  oiu'  recommendations,  and  urge 
the  same  u|X)n  their  people. 

4th.  Resolved,  Thot  wo  earnestly  hope  the 
bouthern  Plant€rr>'  Convention,  which  meets  in 
Memphis,  Teunecsee,  on  the  16th  day  of  December 
inst.,  will  al?.o  join  us  in  our  recommendation? 
and  that  a  copy  oT  these  resolutions  and  preamble 
be  forwarded  to  itB  President  by  the  President  of 
the  Sti^te  Agricultural  Bureau. 

Approved,  December  ?..  ISftJ . 


LAWS  OF  Mi-  ^ilSSTPPI. 

CHAPTER,  XXXA^ 


RESOLUTION  in  relation  to  the  Edwards  Guards,  and 
McManns  Hifies. 

Resolved,  hy  the  Legislature  of  the  State  of 
Mississijypi.  That  the  Chief  of  Ordnance  be  and 
be  is  hereby  authorized  to  furnish  to  the  Edwards 
Guards  and  McManus  Rifles,  cartridge  boxes,  cap 
boxes  and  belts,  equal  to  tlic  number  of  the  non- 
commissioned officers  and  privates  in  each  of  said 
companies,  and  that  jthe  captains  of  said  compan- 
ies be  required  to  enter  into  bond  in  double  the 
value  of  said  accoutrements,  payable  to  the  State 
of  Mississippi,  with  good  and  sufficient  security, 
to  be  approved  by  the  Chief  of  Ordnance,  condi- 
tioned for  the  return  of  said  accoutrements  when 
eaid  companies  shall  be  disbanded. 

Approved  November  27,  1861. 


CHAPTER  XXXVI. 

RESOLUTIOK  gi-anting  W.  U.    Clark  leave   of   absence 
for  sixty  days- 

Resolved,  hy  the  Legislature  of  the  State  of  Mis- 
sissippi, That  leave  of  absence  for  sixty  days  be 
hereby  granted  to  W.  H.  Clark,  Probate  Judge  of 
Rankin  county. 

Approved  November  29, 1861 . 


CHAPTER  XXXVn.      - 

AN  ACT  to  authorize  Eailroad  Companieu  m  this  State  to 
issue  notes  to  be  circTiIated  as  money, 

Sectiox:  1,  Be.  t'  ^naciei  hy  fhs  Lcgv^^cLtnreof  tM 
<fif  ii«»!«-  Si<i^f'  of  Mis»isHjp}fi,  TiMit  the  Us.iU't»f«l  orJUfpai^i^l 


LAWS   OK    MI6&16S1PP1.  Ty 

I'izcd  and  empowered  to  issue  notes  of  any  denom- 
ination not  greater  than  three  dollars,  nor  less 
than  one  dollar,  to  be  circulated  as  money;  said 
notes  to  be  signed  by  the  president,  and  counter- 
signed by  the  secretary  or  treasurer  of  tlie  com- 
pany issuing  them,  and  sluill  be  obligatory  and 
binding  on  the  company  bv  vrhom  they  are  issued. 

SKcr'J.    Be  it  fKriher' enacted.   That  the  Mis- 
sissippi Central  railroad  comi)auy  may  issue  notes      ts3u<-'« 
to  an  amount  not  exceeding  one  hundred  and  fifty  "™'*^^°' 
thousand  dollars.     The  Mobile  and  Ohio  railroad 
comp.iuy,  an  amount  not  exceeding  one  hundred 
thousand  doHars.     The  Mississippi  and  Tennessee 
railroad   company,   an  amount  not  exceeding  fifty 
thousand   dollars.     Tlio    Southern   railroad   com- 
pany, an  amount  not  exceeding  tifty  thousand  dol- 
lars.    The  West  Feliciana  railroad  company,  not 
exceeding    twenty    thousand    dollars.     And    the 
Grand  Gulf  and  Port  Gibson   '.-uilroad   company, 
not  exceeding  ten  thousarid  dollars  ;  and  the  same 
to   re-issue   until  one  year  after  the  close  of  the 
existing  war  :  but    nothing   contained  in  this  act 
shall  1)0  so  construed  as  to  authorize  an  issuance 
of  notes  to  be  circulated  as  money  by  any  of  the 
railroad  companies   her^'in   named  after  the  time 
limited  in  this  section.     Said    roads   shall  redeem      „ 
at  the  following  jdaees,  to  wit.:  Tiie   IMississippi  y^Yxero    to 
Central    railroad,  at  tiicii-  ollh'''  at  Holly  Springs,  be  redeem 
The  ^lississip})!  and  'rennesset'  railroad  at  Grcn-  ed. 
ada.     The  Southern    railroad   at  A^icksbnrg  ;  and 
the  Mobile  and  Ohio  railroad  ;:t  Columbus:     Pro- 
vidcd,  That  if  any  of  the   rail.'fiad    cominmics   to 
whom  the  pri^■ileges  and   immunities  of  this   act      p     ,. 
apply,  shall  at  an\-  time  refuse  to  redeem  the  notes  for  refusal 
as  provided   for  liy  this  act.  which  they  arc  autho-.to  redeem 
rized  by  this  act  to  issue,  they  -^liall  thereby  forfeit 
all  the  rights  and  jtrivilegcs  coiderred   u[>on  them 
by  this   act,   and   shall  be  subject  to  be  proceeded 
against  in  the  courts  of  eom])etrnt  jurisdiction,  for 
a  forfeitui-e  ol'  the  eharterp<^i  privileges  by  this  act 
granted. 

Srx'.  H.    /)'     '  ,  .  Th.at  the  notes     , 

issued  l)y  any  of  sai<l  railroa'i  companies  shall,  at 
all  times  be  redeemed  when  presented,  at  the  office 
of  the  eotnpnny  issuing"  them,  in  sums  of  not  loss 


iO  LAWS  OF  MisaisaiPPK 

f 

than  live  dollars,  either  in  gold  or  silver,  or  the 
notes  of  the  Confederate  States,  or  in  bank  notes 
current  at  the  time  and  place  of  presentation,  and 
shall  be  received  by  Ihc  company  by  whom  issued, 
in  payment  of  passage,  or  for  the  transportation 
of  freight  over  its  road,  and  in  payment  of  any 
debt  due  to  it. 

Sec.  4.  Be  it  furthei'  enacted,  That  in  the  event 
the  President,    Secretary,   or  Treasurer   of  any 
Limit  of  railroad  company,  should  sign  and  issue,  or  cause 
circula'ion  to  be  signed  and  issued,  an  amount  of  notes  greater 
penalty  ^1^^^^-,  ^-^q  sum  limited  in  this  act,  shall  l)e  deemed 
^^j^       "  guilty  of  a  high  misdemeanor,  and  on  conviction 
thereof,  shall  be  lined  in  any  sum   not  exceeding- 
one  thousand  dollars,  and  imprisoned  in  any  coun- 
ty jail  for  a  period  not  exceeding   six   months,   at 
the  discretion  of  the  court,  and  shall  be  held  and 
deemed  liable  in  tlieir  individual  capacity  for  the 
full  amount  of  such  excess  of  issue,  to  bo  recovered 
in  any  court  of  competent  jurisdiction. 

Sec.  5.  Be  it  further  enacted.  That  if  any  per- 
Penaltv  ^^"^  °^'  persons  shall  bo  found  guilty  of  altering  or 
for   couH-  counterfeiting  any  note  or  notes  issued  l)y  any  of 
terfeiting.  said  railroad  companies,  or  knov/ingly  have  in  his, 
her,  or  their  possession  with  the  intention  to  pass 
or  passing  any  spurious  or  fraudulent  note  pui'- 
.     porting  to  have  been  issued,  by  any  of  said   rail- 
road companies,   they  shall  be  deemed  guilty  of 
forgery,   and   on  conviction  thereof,  su])jected  to 
the  penalties  now  prescribed  by  the  Revised  Code, 
for  the  punishment  thereof. 

Sec.  ().   Be  it  further  enacted.  That  the   New 
Orleans,  Jackson,  and  Great  Northern  railroad  is 
N.    0.,  hereby  authorized  to  circulate  in  this  State,  notes 
ifeG^N^R^i  ^^^"*^^^  ^y  ^^^^  company,  under  the  law  of  Louisi- 
Roa'd.  *       ^^^^'  under  the  same  liabilities,   limitations,  obliga- 
tions and  penalties  imposed  upon  the  other  railroad 
companies  mentioned  in  this  act. 

Sec.  7.  Be  it  further  ena.ded,  That  this  act  take 
eflect  and  be  in  iorce  from  and  after  its  acceptance 

to  tako  cf*"  ^^^'  ^  "''^.i'^^'^^y  ^^  t^^^  stockholders  present  at  any 
f{?ot.        '  fi'ii^ual  or  convened  meeting,  in  person  or  by  proxy, 
of  any  of  the  companies  named  in  the  sccoiid  sec- 
tion of  this  act,  and  iiling  in  the  office  of  Secretary 
of  State,  a  copy  of  said  accoptan,cc,  so  far  as  to 


LAWS   or   MISSISSIPPI.  81 

lie,<Lo\v  upon  the  qompany  accopting'  its  provisfons. 
all  the  [)owci's  and  privileges  granted  by  this  act. 

Sec.  8.  Be  it  furtlier  cntirieil,  That  each  com- 
pany shall  preseni  at  Jackson  the  Itooks  whenever 
called  on  l»y  the  Legislature  of  this  State,  for  the 
purjwse  of  showing  the  amounts  issued,  and  the 
ability  to  jtay  the  same. 

Sec.  V).  Br  it  fmiher  enacted^  That  the  notes 
or  bills  authorized  to  be  issued  by  the  several  rail- 
roads chartered  by  the  State,  may  be  issued  upon 
the  follo.wing  terms  and  conditions,  viz  :  The  sev- 
eral roads  issuing  bills  or  notes  for  circulation  as 
money,  shall  receive  for  freight  or  ])assage  at  par, 
the  notes  or  bills  of  any  road  authorized  by  this 
act  to  issue  bills  or  notes  for  the  purpose  of  circu- 
lating as  money. 

Approved  December  20,  1*861. 


CHAPTER  XXXVIII. 

AN  ACT  to  amend  the  Charter  of  incorporation  of  the 
Board  of  Trustees,  to  aid  in  establishing  house  to  print 
books,  &c.,  for  the  benefit  of  the  Blind. 

Whereas,  The  Board  of  Trustees  to  aid  in  es- 
tablishing a  publishing  house  to  print  Ijooks,  &c., 
for  the  benefit  of  the  blind,  have  resolved  that 
they  deem  it  expedient  to  change  the  location  of 
said  American  printing  house,  for  the  Blind,  from 
the  City  of  Louisville  to  some  suitable  point  in 
the  Confederate  States. 

Section  1.  Be  it  enacted  />?/  f/iv  Ligislature  of 
the  State  of  Mississippi,  That  the  Board  of  Trus- 
tees to  aid  in  establishing  a  ))ublishing  house,  to 
print  books,  &c.,  for  the  bcnelit  of  the  blind,  be 
and  they  arc  hereby  empowered,  without  forfeiting 
any  of  their  righis,  privileges  or  franchises,  to 
locate  said  contcm])latcd  publishing  Iiouse  in  such 
place  within  the  Conlederate  States,  an  they  deem 
most  projjor. 

Sec.  2.  Be  it  fnrthfr  eiuKial.  Tliat  this  act  take 
cflfect  from  and  after  its  passage. 

Approved  Xoveniber  23.  1861. 
1-13 


82  LAWS  OF   MISSISSIPPI. 

i 

CHAPTER  XXXIX. 

AN  ACT  to  amend  the  common  school  laws  of  Yalobu- 
sha county. 

Section  l .  Be  it  enacted  h/  the  Leijislaiare  of  ifw 
State  of  Mississippi,  Tliat  hereafter  tlie  sheriff 
and  treasurer  of  Ya,lobiislia  county  be,  and  tbcy 
or  either  of  them  are  hereby  r(i(|uired  to  pay  ovei* 
to  the  school  commissioners  of  the  respective 
townships  of  said  county,  (except  township  twen- 
ty-two, of  ranne  5  east)  al!  such  monies  and  effects 
belonging  to  the  common  school  fund  of  said 
county,  as  may  come  into,  or  be  in  their  posses- 
sion :  said  payments  tp  be  made  on  the  first  Mon- 
days of  January,  of  each  and  CA'cry  year.*^^ 

S?vC.  2.  Be  it  further  enacted,  That  this  act  shall 
take  gffect  and  be  in  force  from  and  after  its  pas- 
/        sage. 

Approved  December  H.  l.S(>1. 


CHAPTER  XL. 

AN  ACT  in  relation  to  Slaves. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  of  Blississiiypi,  That  no  master  or  employer 
of  any  slave  or  slaves  shall  keep  or  suffer  any  such 
slave  or  slaves  to  be  quartered,  or  fo  reside  at  any 
distance  greater  than  one  mile  from  the  residence 
of  the  master  or  employer,  without  an  overseer  or 
some  white  male  iiei'son  liaving  charge  of  such 
slave  or  slaves  ('apabh'or  performing  jiatrol  duty  , 
and  any  person  who  shall  offend  against  the  pro- 
visions of  tliis  act  shall  Ire  guilty  of  A  misdemeanor, 
and  may  be  indicted  therefor  ;  and  on  conviction 
lehall  be  lined  in  a  sum  of  not  less  than  two  hun- 
dred dollars,  noi-  exceeding  one  thousand  dollars; 
and  that  m  mucli  of  ai-ticle  ^1),  of  section  8,  ot 
chapter  33  of  the  Revised  Code  as  conflicts  with 
his  act  be  and  the  sayie  is  hereby  repealed. 
Approved,  November  29, 1861. 


LAWS  OP  MISSISSIPPI.  83 

CB  AFTER  XLI. 


AN  ACT  to  provide  for  the  safe  keeping  of  the  records 
and  files  of  the  late  Superior  Court  of  Chancery  of  the 
State  of  Mississippi. 

Section  1 .  Be  it  enacfed  by  the  Legislature  of  the 
Statr  of  Mississippi,  That  room  number  eight,  op 
the  basement  story  of  the  Capitol,  be  appropriated 
to  the  use  of  the  clerk  of  the  High  Court  of  Er- 
rors and  Appeals,  for  the  safe  keeping  of  the 
records,  books,  files  and  papers,  appertaining  to 
the  late  Superior  Court  of  Chancery  of  the  State 
of  Mississippi. 

Sec.  2.  Be  it  further  enacted.  That  this  act  take 
effect  from  its  passage. 

Approved  November  22,  1861. 


CHAPTER  XLTI. 

AN  ACT  to  legalize  the  levy  of  taxes  by  the  Roard  of  Po- 
lice of  Jackson  county,  and  for  other  purposes. 

Sec.  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  ^'  Mississippi,  That  the  levy  of  taxes  made 
by  the  Board  of  Police  of  Jackson  county,  made 
on  the  first  Monday  of  October  last,  be  and  the 
same  is  hereby  legalized  and  declared  to  be  as 
valid  and  legal  as  though  said  levy  had  been  made 
on  the  eecond  Monday  of  said  moiith. 

Sec,  2.  B<  it  further  enacted,  That  the  said 
Board  of  Police  of  Jackson  county  be  and  they 
are  hereby  authorized  to  make  the  levy  tf  County 
taxes,  .-md  all  other  taxes  which  they  now  have 
the  power  by  law  to  lew,  at  their  regular  meeting 
on  the  first  Monday  of  October  of  each  year,  in- 
stead of  on  the  second  Monday  of  taid  month. 

Sec.  3.  B:  it  further  eraded.  That  this  act 
t:.ke  effect  from  and  after  its  passage. 

Approved  November  23,  1861. 

U 


'^4  LAWS  OF   MISSISSIPPI. 

CHAPTER  XLIIL 

AN  ACT  to  repeal  an  act  entitled  an  act  to  incorporato  the 
proprietors  of  the  town  of  Montfromery,  in  Holmes  Co., 
and  for  other  purposes  ;  approved  the  24th  day  of  Feb- 
ruary, 1836. 

Sec.  1.  lie  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  above  recited  act 
entitled  an  act  to  incorporate  tlie  proprietors  of 
the  town  of  Montgomery,  in  tlie  county  of  Holmes, 
and  for  other  purposes.  l)e  and  the  same  is  hereby 
re])caled. 

Sec.  2.  Be  it  finiher  enacted,  That  this  act 
shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  November  23,  1861. 


CHAPTER    XLIV. 

AN  ACT  to  repeal  so  much  of  chapter  6,  section  10,  arti- 
cle 112,  of  Revised  Code,  as  makes  persons  ineligible  to 
the  oflB.ee  of  sheriff,  who  shall  have  held  the  office  of  sheriff 
for  the  two  preceding  terms. 

Sec.  1.  Be  it  enocfed  In/  the  Legislature  of  the 
State  of  3fississipi)i,  That  so  nuich  of  cha]itcr  6, 
section  10,  article  112,  of  Revised  Code,  as  makes 
jicrsons  ineligible  to  the  oOice  of  sli(n-ifl',  who 
shall  have  held,  the  said  ofi&cc  of  sheriff  for  the 
two  preceding  years,  be  and  the  same  is  hereby 
repealed. 

Sec.  2.  Be  tt  further  enacted.  That  this  act  tal-:e 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  November  28rd.  1861. 


CHAPTER    XF.A'. 

AX  ACT  to  reduce  the  salary  ot  the  Probate  Judge  of 
Pike  county. 

Sec.  1.  Beit  enacted,  by  the  Legiskdure  of  the 
State  of  ^Mississippi .  That  the  salary  of  the  Pro- 


TAWS  OP  MISSISSIPPI.  85 

l)ate  Judge  in  and  for  the  county  of  Pike,  shall  be 
four  hundred  dollars,  instead  of  seven  hundred 
and  fifty  dollars,  as  now  provided  by  law. 

Sec.  2.  Be  it  further  oin^tpd.  That  this  act  take 
eifect  and  l)e  in  force  from  and  after  the  cx])irati'.);i 
of  the  term  of  office  of  the  pro^f^nt  incuniluMit  ol" 
said  office. 

Approved  November  2Br(l.  18GI. 


CHAPTER  XhW. 

AN  ACT  supplemental  to  an  act  entitled  an  act  to  auiho- 
rizc  the  Governor  of  the  State  of  Mississippi  to  accept 
volunteers  for  immediate  service  in  support  of  the  Con- 
federate troops  at  Columbus,  Kentucky,  or  elsewhere  they 
may  be  needed. 

Sec.  1.  Be  it  enacted  hy  tlic  Legiskifnre  of  the 
State  of  Mis.sigiippi,  That  the  above  entitled  act 
1)0  and  the  same  shall  also  embrace  such  couipanies 
as  have  been  mustered  into  the  service  of  the  Con- 
federate States,  and  are  now  in  camp  within' the 
limits  of  this  State,  without  arms,  so  far  as  to  au- 
thorize the  Governor  to  arm  said  troops,  &c. 

Sec.  2.  Be  it  fni/ier  enacted,  That  this  act  shall 
take  effect  from  and  after  its  ])assagc. 
Approved  November  21,  1861, 


CHAPTER  XLAMl. 

AN'  AC'\'  '...-  ihe  relief  of  J.   Duncan   D-^ic    ..''  II. —n..^ 
county,  in  this  State. 

Se(  Tiox  1.  B<'  it  rnacted  by  the  Legi-sloiare  <jt 
the  State  0/  Jlimmijj/j/,  That  J. •Duncan  Davis. 
of  the  count}'  of  Hancock,  in  the  State  of  Missis- 
sippi, be  and  lie  is  hereby  restored  to  all  the  rights, 
privileges  and  immunities  of  a  ritizcn  of  this 
State. 

Sec.  2.  Be  it  further  enacted.  That  this  act 
shall  take  effect  aud  be  in  force  from  aud  after  its 
passage. 

Approved  December  .3rd.  1861. 
L— 1.5 


/ 


Sd  LAWS  OF   MISSISSIPPI. 

OllAPTER  XLVin. 

AN  ACT  to  amend  an  act  entitled  an  act  to  regulate  the 
working  of  loads  in  Adams  county,  approved  December 
3,  1858^ 

Sec.  1.  Bt  it  encidcd  bt/ the  Legislature  of  the 
Slate  of  Missrifi-sippi,  That  the  sixth  section  of  the 
above  recited  act  be  so  amo  ided  as  not  to  inchide 
gates  erected  across  the  public  roads  along  the 
banks  of  the  Msssissippi  rivtr,  in  said  counties. 

Sec.  2.  Be  it'  further  enacted,  That  this  act 
shall  take  effect  and  bo  in  force  from  and  after  its 
passage. 

Approved  Dccembej-  3,  UGl. 


CHAPTER  XLIX. 

,        AX  ACT  to  reduce  the  County  tax  of  Lauderdale  County. 

Sec.   ' .  B2  i^  c.i::dcd  by  the  Legislature  of  the 
0{  com-  Jitate  of  Mississippi,  That  all  acts  and  parts  of 
pensation  acts  alljMS'ing    compensation    to    inspectors    and 
to  insp-v-  ,.iej.]jc;  Qf  election,  are  hereby  suspended,  so  far  as 
^^'  relates  to  the  county  of  Lauderdale,   during   the 

war  'now  carried  on  between  the  United  States 
and  the  Confederate  Government,  and  that  all 
such  inspectors  and  clerks  be  exempt  from  working 
.  the  roads  one  day  for  every  day  employed  in  hold- 
ing said  election?,  in  lieu  of  the  pay  heretofore 
•    provided. 

.  ^^EC.  2.  Be  it  jurthir  enacted.  That  all  acts  al- 
Of  jurors.  lo"^i"e  compensation  to  jurors  on  coroners'  in- 
quests be  and  the  same  are  hereby  repealed,  so  far 
as  relates  to  said  county,  and  that  said  jurors  l>e 
exempt  from  working  the  roads  one  day  for  every 
day's  service  on^aid  Juries. 

Sec.  8.  Be  it  further  enacted,  That  the  mem- 
bers  of  the  Board  of  Polke  of  Lauderdale  county 
v^  shall  receive  the  trura  of  two  dollars  per  diem 
oach,  for  every  day  t!iey  are  etigaged  in  the  actual 
discharge  of  the  duties  of  their  office,  and  nothing 
more. 


LAWS  OP   MISSISSIPPI,  87 

Sec.'  4.    He   it   further  enacted,  That  tlici   per 
diem  of  regular  petit  jurors  shall  be  ouo  dollar      ui  petii 
and  fifty  cents,  instead  of  two   dollars,   a?  now  luror*?, 
jtrovidcd  by  law  for  the  county  of  Lauderdale. 

Sec.  5.  Be  It  J'nrihd-  nwxiaJ,  That  all  laws  and 
parts  of  laws  contrary  to  th(*.  jirovisions  of  tliis 
act  1)0  and  the  same  ni-c  horeby  suspended  during' 
the  present  war,  and  that  tliis  act  lake  eflecl  and 
be  in  force  from  and  after  its  passae^e. 

A])i)rovofl.  De(Hmiber  '.\.  18G1. 


(niAT'TER  ].. 

AN  AOT  to  authorize  persons  claiming  and  occupying 
certain  land  under  thoi  Trustees  of  .Tnllftrson  College,  and 
held  by  the  '^t-'te  ff9  internal  imj  '  i  .nd,  to  enter 

the  same. 

Sec.  1.  Be  -it  enacted  lit/  the  Legislature  of  the 
State  of  Missisidppi,  Tiiat  all  persons  who  arc  in 
the  possession  of  land  in  this  State,  claiming  the 
same  by  virtue  of  .location  thereon  of  Jefferson 
College  floats,  as  they  are  commonly  called,  where 
such  laud  has  been  located  for  this  State  as  inter- 
nal improvement,  and  confirmed  as  such  by  the 
proper  officer  of  the  United  States,  shall  and  they 
are  hereby  authorized  for  twelve  months  from  the 
passage  of  this  act.  to  enter  the  same  in  the  office 
of  the  secretary  of  State,  of  this  State,  in  prefer- 
ence to  any  one  else,  at  the  price  now  required  to 
be  paid  for  said  internal  imiu'ovemenl  land. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall 
apply  only  to  such  laud  as  was  located  under  a 
Jefferson  College  float,  prior  to  the  donation,  or 
grant  thereof,  by  the  United  States  to  this  State, 
as  internal  improvement  land. 

Sec.  3.  Be  it  fartlicrcnaded,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  December  ;■>.  18G1. 


Xi-J« 


88  LAWS   OF    MISSISSIPPr. 

CHAPTER  LI. 

AN  ACT  to  revive  article  iL',  clmpter  8,  of  the  Revised 
Code,  so  far  as  it  relates  to  Jasjicr  County,  and  for  other 
purposes. 

,  Sec.  1.  Be  it  enacted  by  fJic  Legislature  of  the 

State  of  Mississippi,  Tliat  the  act  entitled  "an 
act  to  regulate  the  fees  of  certain  officers  in  Jas- 
per county,"  approved  January  22,  18G1,  be  and 
tlie  same  is  hereby  repealed. 

Sec.  2.  Be  it  further  enacted.  That  article  12, 
of  chapter  8,  of  the  Revised  Code  of  Mississippi, 
be-and  the  same  is  hereby  revived  and  declared  to 
be  in  force,  so  far  as  the  same  relates  to  the  county 
of  Jasper,  and  that  all  acts  in  conflict  therewith, 
so  far  as  said  article  relates  to  Ja,sper  coimty,  are 
hereby  repealed. 

Sec.  ;].  Be  it  fartlver  enacted,  That  this  act  take 
effect  from  and  after  its  passage. 

Approved  December  3,  1861. 


CHAPTER  LH. 

AN  ACT  for  the  relief  of  Isham  Dansby,  of  Newton  Connty. 

WiieREAS,  Isham  Dansby,  of  the  County  of 
Newton,  having  purchased  of  the  Swamp  Laud 
Commissioners  of  said  county,  scrip  amounting  to 
two  hundred  and  eighty  acres;  this  amount  being 
an  over-issue,  as  appears  from  the  confirmation  of 
swamp  hinds  located  in  sai<l  county,  therefore  : 

Section  1.  Be  it  enacted  J) ij  the  Lcgislcdure  of 
the  State  of  Mississipiyi,  That  upon  the  presentation 
of  tlie  above  named  scrip  to  tlie  Swamp  Land  Com- 
missioner or  Commissioners  of  said  county,  he  or 
they  are  autliori/ed  and  I'cquired  to  refund  to  the 
said  Isham  Dansby.  his  heirs  or  assigns,  the  money 
deposited  by  said  Dansby  for  said  scrip,  with  ten 
per  cent  interest  per  annum  on  the  money,  from  the 
date  of  the  purchase  thereof. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  December  3, 1861. 


LAWS  OF   MISftlSSIPPI.  89 

CHAPTER  LIII. 

AN  ACT  to  limit  the  compensation  of  tlie   Treasurer  of 
Tippah  County.. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Miss^issippi,  That  tlie  Treasurer  of  Tippah 
County  be  allowed  three  per  centum  on  all  money 
received  and  paid  out  by  him  for  county  purposes  ; 
Provided,  such  allowance  shall  nc-  yield  him  a 
compensation  exceeding  four  hundred  dollars  per 
annum. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  when  the  present  incumbent's 
term  of  office  shall  expire. 

Approved,  December  3,  1861. 


CHAPTER  LIV. 

AN  ACT  to  secure  the  payment  of  all  sums  borrowed 
of  the  School  fund,  in  township  twenty-one,  range  nine 
east,  in  Choctaw  County. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  <tf  Ml.s-'^issippi,  That  the  i)roperty  of|all 
persons  (including  that  Avhich  is  now  exempt  Irom 
levy  and  sale.)  who  shall  hereafter  borrow  money 
belonging  to  the  school  fund  of  the  sixteenth  sec- 
tion, in  township  twenty-one,  range  nine  east,  in, 
Choctaw  County,  shall  be  subject  to  the  payment 
of  all  debts  contracted  l^  borrowing  said  funds, 
p.ud  in  all  such  cases,  no  properly  shall  be  exempt 
from  the  levying  of  execution  and  sale. 

Sec.  -.  Be  it  fvrther  enacted,  Tiiat  all  acts  and 
parts  of  acts,  conflicting  with  the  provisions  of  this 
act,  arc  hereby  annulled. 

Sec.  3.  Be  it  further  enacted,  That  this  act  shall 
take  effect  an(^be  in  force  from  and  after  its  pas- 
sage. 

Approved,  nccember  ;».  1S(»1. 

L— 17 


90  LAWS  OF   MISSISSIPPI. 

CHAPTER  LV. 

AN  ACT  to  inrorporate  the  Farrall  Bridge  Company, 

Section.  1 .  Be  it  enacted  hy  the  Legislature  of 
the  State  of  Mississippi.  That  G.  W.  Farrall, 
and  such  otlicr  persons  as  may  l)e  associated  with 
him,  and  tlieir  successors  in  office,  be  and*  they  are 
hereby  constituted  a  body  corporate  and  politic, 
by  the  name  and  style  of  "  The  Farrall  Bridge 
Company/'  and  by  that  name  may  sue  and  be  sued, 
plead  and  be  impleaded,  in  any  court  of  law  or 
equity  in  this  State  ;  that  they  may  own  and  hold  a 
certain  bridge  across  the  Chickasawhay  River,  near 
DeSoto,  in  Clarke  County,  and  other  property,  real 
and  personal,  not  to  exceed  twenty  thousand  dol- 
lars in  value  ;  and  may  make  and  ordain  such  rules 
and  by-laws  for  the  Government  of  the  company 
as  they  may  deem  necessary.  Provided,  they  are  not 
inconsistent  with  the  laws  of  this  State  or  of  the 
Confederate  States. 

Sec.  2.  Beit  further  enacted,  That  it  shall  be 
the  duty  of  the  Board  of  Police  of  Clarke  County 
to  assess  and  fix  the  rates  of  toll  to  be  charged  by 
said  "Farrall  Bridge  Company,''  and  that  it  shall 
be  lav/ful  for  said  comjiany  to  charge  and  exact  toll 
at  the  rates  thus  established. 

Sec.  '6.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  December  3, 1861. 


CHAPTER  LVT. 

AN    ACT  for  llio  relief  of   the   Common   School  fund  of 
township  twenty- two,  range  eight  cast,  in  Calhoun  County. 

Section  1.  Be  itenactid  hj  the  Legislature  of 
the  Stoic  of  Mississippi,  That  the  Treasurer  of  Ya- 
lobusha County  be  and  he  is  hereby  authorized  to 
pay  over  to  the  Treasurer  of  the  Common  School 
Fund  of  township  twenty-two,   rjyjgc  eight  cast, 


LAWS   OF   MISSISSIPI'I.  91 

being  in  the  County  of  Calhoun,  all  moneys,  witli 
interest  thereon,  which  ho  may  have  collected  or 
holds  for  the  j^chool  fr.nd  of  said  tx^wn?hip  and 
range. 

.  Sec.  il.  Jieit  furihr  enacted,  That  this  act  shall 
take  effect  from  and  after  its  pMssagr. 
Approved.  D<'('ond>er  3.  1861. 


CIIArTHI^    LVll 

AN  ACT  to   reduce  the  &ilary   of  Ihc    i'robatr  Jiuij^^eo! 
Tippali  County. 

Section  1 .  Be  it  enacted  by  the  Lcf^s/ature  of  the 
State  of  Missis.^ippi .  That  tJie  salary  of  tite  Pro- 
l)ate  Judge  of  Tip])ah  County  glial!  liefour  hundred 
dollars  per  annum,  in!-l(:>..l  'd  six  hundred,  as  now 
allowed  by  law. 

Sec.  2.  Be  it  further  enacted.  That  this  act  take 
effect  and  be  in  force  from  and  after  the  1st  day 
of  January,  18G3. 

Approved.  December  'i.  1861. 


CHAPTER  LVIir. 

AN  ACT  to  reduce  the  Salary   of  the  Probate  Judge  of 
Jones  County,  and  for  other  purpcscs. 

Section  1,  Be  it  enacted  hi/  the  Legislature  of 
the  State  of  Mississippi,  That  after  the  expiration 
of  the  present  term  of  office  of  tlie  Judge  of  Pro 
bate  of  Jones  County,  the  salary  of  the  Judge  of 
Probate  in  said  counly  of  Jones  shall  be  one  hun- 
dred dollars  per  annum,  instead  of  one  hundred 
and  fifty  dollars,  as  is  now  provided  by  law. 

Sec.  2.  Be  it  further  cno'icd,  That  the  members 
of  the  Board  of  Police  of  Jones  County,  hereafter 
elected,  shall  receive  in  lieu  of  the  compensation 
now  allowed  by  law,  the  sum  of  two  dollars  each, 
per  day,  and  no  moro. 

L-IS 


il2  TAWB  OF  MISSISSIPPI. 

Sec.  3.  Be  it  further  enacted,  That  the  luspec^ 
tors  and  Clerks  of  elections  ];ereafter  to  beholden 
in  Jones  County  shall  not  receive  any  compensa- 
tion for  their  services,  except  tliat  each  one  of 
them  shall  be  exempt  from  workinj^  on  the  public 
road  one  day  for  each  day  he  may  liave  served  as 
said  Inspector  or  Clerk  of  elections. 

Sec  4.  Beit  further  enacted,  That  this  act  take 
effect  from  its  passage,  and  continue  in  force  du- 
ring the  existence  of  the  present  war  between 
the  United  States  and  the  Confederate  States,  and 
•    for  twelve  months  after  the  conclusion  of  peace. 

Approved,  December  5,  1861. 


CHAPTER  LIX. 

AN  ACT  to  reduce  the  Salary  Oi  the  Probate  Judge  of 
Amite  County. 

Section  1.  Be  it  enacted  by  the  Legislature  of 
the  State  of  3Iississippi,  That  the  salary  of  tl.e 
Prohate  Judge  of  Amite  County  shall  be  eight  hun- 
dred dollars  instead  of  one  thousand  dollars  as 
now  provided  by  law. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  December  5,  I8i:>l. 


CHAPTER  LX. 

AN  ACT  for  the  purpose  of  reducing  the  Salaries  ot  certain 
officers  in  the  County  of  Perry, 

Section  1.  Be  it  enacted  hy  the  Legislature  of 
the  State  of  Mississipj^i,  That  the  salary  of  the 
Probate  Judge  of  the  County  of  Perry  be  fixed  at 
the  amount  of  one  hundred  dollars  per  annum. 

Sec.  2.  ^e  it  further  enacted.  That  the  Members 
of  the  Board  of  Police  of  Perry  County  shall  be 


LAWS  Oh  MissisHiPp;.  9H 

entitled  to  receive  the  sum  of  two  dollars  per  day 
for  every  day  they  shall  actually  serve. 

Sec.  :>.  Be  i'  further  fimrlfih  That  ihis  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sao'c.  , 

Approv(^d.  I^ecenihor  •"),  ISdl 


(UlAPTER  LXI. 

AN  ACT  to  reduce   the  salary  of  the    Probate  Judgo  of 
Kemper  county  and  for  other  purposes. 

Section  1.  Be  it  viKntcilhij  the.  Leo^isuitinr  of  the 
State  o/'iMiwi.<i.^'j)pi/V\\iit  the  salary  of  (hcProhatc 
Judge  of  said  county  shall  be  foin-  lunidred  dollars. 

Sec.  2.  Be  it  fnrtJiev  cnarted,  That  the  Inspec- 
tors, and  (vlerks  of  ejections  in  said  county  '.sliajl 
be  entitled  to  no  conii)Cnsation,  but' shall  be  exemp- 
ted from  road  service  for  the  number  of  days  they 
may   serve,  as  said  Inspectors  or  Clerks. 

Sec.  3.  Be  it  further  evneted.  That  the  members 
of  the  lioard  of  Police  of  said  county  shall  receive 
the  sum  of  two  dollars  for  each  day  they  are  actu- 
ally eng-agcd  in  ihoporfornianco  offhcir  duties,  and 
nothing  more. 

Sec.  4.  Be  it  further  enacted,  That  all  acts  and 
parts  of  acts  conflicting-  Avitli  the  provisions  of  this 
act  be  and  the  same  are  hereby  repealed. 

Approved,  Decern bei-  5,  l(S(il. 


CHAPTER^  LXI  J.       ■ 

AN  ACT  to  reduce  tlio  county  tax  of  Green  county. 

Section  1 .  Beit  enacted  hy  the  Legislature  of  the 
State  of  Missvisipjji,  That  "all  acts,  and  parts  of 
acts  allowing  compensation  to  Inspectors  and 
Clerks  of  election  Ijc,  and  they  are  hereljy  rcjiealed 
so  far  as  they  rehte  to  the  county  of  Green. 

Sec.  2.  /?.  it  further  enacted,^ Th^i  all  acts  and 
parts  of  a (•^;  allowing  compensation    to  juries  on 


tH  LAWS  OF  MISSISSIPPI. 

Coroners'  inquests,  be  and  the  same  is  hereby  re- 
pealed, so  far  as  they  relate  to  the  county  of  Green. 

Sec.  o.  Be  it  further  etiacted,  Tliat  the  members 
of  the  Board  of  Police  of  Green  county  shall  re- 
ceive the  sum  of  two  dollars  per  diem  each,  lor 
every  day  they  are  engaged  in  the  actual  dis- 
chai-ge  of  the  duties  of  tlieir  office,  and  nothing 
more. 

Sec.  4.  Be  it  further  enacted,  That  tiie  Sherill 
and  Clerk  of  the  Chancery  Court  of  the  county  ot 
Green,  be  allowed  a  sum  not  exceeding  twenty 
dollars  each  a  year  for  ex-officio  services  in  attend- 
ing said  Court,  in  lieu  of  the  sufti  now  provided  • 
by  law. 

Sec.  5.  Be  it  furtker  enaded,*T\\QiX  all  laws 
requiring  the  drawing  and  summoning  of  petit 
jurors  be  suspended  until  the  conclusion  of  peace 
between  the  United  States  and  the  Confederatf". 
States  of  America,  so  far  as  the  county  of  Green  is 
concerned,  and  that  in  lieu  thereof,  it  shall  be  the 
duty  of  the  Judge  of  the  Circuit  Court  of  said 
county  in  term  time  to  direct  the  shei'iff  of  said 
county  to  summons  a  petit  jury  from  the  by-stand- 
ers,  if  said  jury  be  required,  and  said  jurors,  so 
summoned,  shall  not  be  entitled  to  compensation 
unless  they  serve  for  more  than  one  day  ;  then 
said  jurors  shall  be  entitled  to  the  sum  of  one  dol- 
lar and  fifty  cents  each,  for  each  day  of  said  ser- 
vice, to  be  paid  out  of  the  Treasury  of  said  county. 

Sec.  6.  Be  it  further  enacted,  That  all  acts 
and  parts  of  acts  contrary  to  the  provisions  of  this 
act,  be  and  the  same  are  hereby  repealed,  and  that 
this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved,  December  5,  1861. 


CHAPTER  LXIII. 

AN  ACT  for  the  relief  of  L.  J.  Lock,  of  Smith  county. 

Section  1.  Be  it  eimcted  hy  the  Legislature  of 
the  State  of  Mississippi,  That  the  Register  of  the 
land  office  at  Paulding,  Jasper  county,    in   this 


LAWfr  OP   MISSISSIPPI.  'vk         95 


State,  be  and  he  is  hereby  directed  to  correct  the 
Tract  Book  and  Map  in  said  office,  so  as  to  make 
said  Tract  Book  and  IMap  conform  to  tlie  pre- 
emption claims  of  said  Lock  on  file  in  said  office, 
to  the  east  half  of  north-west  quarter,  and  north- 
west quarter  of  north-east  quarter,  and  north-east 
quarter  of  south-west  quarter,  section  lliirty-one, 
township  one  north,  of  ran.i^e  eit^lit  east ;  and  that 
upon  the  certificates  of  said  Register  that  said 
correction  has  been  made,  the  Secretary  of  State  is 
liereby  directed  to  issue  a  patent  to  said  Lock  for 
said  lands,  according  to  the  provisions  of  an  act  of 
the  Legislature  to  authorize  the  issuance  of  patents 
for  land  in  certain  cases,  a))proved  August  5th 
1861. 

Sec.  2  Be  itfurlhrr  enacted,  That  this  act  shall 
be  in  force  from  and  after  its  passage. 

Approved,  December  3,  1801. 


CHAPTER  LXIY. 

AX  ACT  to4)i«vent  the  collection  of  double  taxes  and  for 
other  purposes. 

Section  1.  Be  if  enacledby  the  Legislaiure  oftJie 
State  of  Mississippi,  That  if  any  collector  of  taxes 
shall  collect  or  receive  any  taxas,  on  laud  or  other 
property  that  may  have  been  previously  paid  to 
himself  or  the  Auditor  of  Public  Accounts,  knowing 
the  same  to  have  been  so  paid,  heshall,  on  indictment, 
and  conviction,  be  lined  not  exceeding  two  thousand 
dollars,  and  imprisoned  not  exceeding  six  months 
in  the  county  jail.  But  in  case  he  shall  innocently 
or  by  mistake,  collect  any  taxes  previously  paid 
as  aforesaid,  he  shall  render  on  oath  an  account 
thereof  to  the  Auditor  which  oath  the  Auditor  of 
Public  Accounts  is  hereby  authorized  so  admin- 
ister, and  pay  the  same  into  the  State  Treasury : 
and  for  any  omission  or  failure  in  this  respect,  shall 
inttur  the  pains  and  penalties  mentioned  in  the  pro- 
ceeding provisions  of  this  act. 

Approved,  December  4,  186L 


y^i  LAWS  OF   Mississippi. 

CHAPTER  hXV. 

AN  ACT  to  appropriate  fines,  forfeitures,  license  and  monies 
ajising  from  the  sale  of  estrays  and  runaway  slaves,  in 
Jones  county. 

Section  1.  Be  it  enacted  by  the  Legislature  of 
the  State  of  3Iississippi,  That  tlie  money  arising 
from  fines,  forfeitm'es,  and  amercements,  and  from 
licenses  that  may  be  granted  to  alleys,  hawkers  and 
pedlers,  tliat  are,  or  may  be  made  by  law  payable 
into  tlie  county  Treasury  of  Jones  county  ;  and  all 
moneys,  after  defraying  costs,  that  shall  arise  from 
sales  of  estrays,  and  runaway  slaves,  and  which 
shall  not  be  claimed  by  the  owners  thereof  within 
the  time  limited  by  law  ;  and  all  the  monies  arising 
from  the  sources  aforesaid  that  may  now  be  in  the 
county  Treasury  of  Jones  county,  shall  be  appro- 
priated by  the  Board  of  Police  of  the  county  of 
Jones  respectively,  to  the  use  and  benefit  of  tht 
volunteers'  families  of  the  county  of  Jones  who 
require  assistance. 

Sec.  2.  Beit  furiJ/er  enacted,  That  this  act  take 
effect,  and  be  in  force  from  and  after  its  passage. 

Approved  December  4th,  1861. 


CHAPTER  LXVI. 

AN  ACT  to   reduce   the  salary  of  the   Probate  Judge 
Lafayette  county. 

Section  1 .  Be  it  enacted  ht/  the  Legislakire  oi 
the  State  of  3lLSssssippi,  Thai  the  salary  of  the 
Probate  Judge  of  Lafayette  county  sliall  be  six 
hundred  dollars,  instead  of  one  thousand  dollars. 
as  is  now  allowed  by  law. 

Sec.  2.  Be  it  further  enacted,  That  this  act 
take  effect  from  and  after  the  expiration  of  the 
term  for  wliich  the  present  incumbent  in  said  office 
was  elected. 

A])proved  December  5th,  1861. 


LAWS  OF  MiaSISSlPPI.  ft 

CHAPTER  LXVII. 

AN   j^T  to   reduce   the  salary  of  the  Probate  Judge  of 
Marion  county. 

Section  1.  Be  it  enacted  hy  the  LegisJaiure  of 
the  Stale  of  Afissis.sipjyi,  That  the  salary  of  the 
Judge  of  Probate  Court  of  ]\[arion  county,  sliall 
be  two  hundred  dollars  per  annum,  instead  of  three 
hundred  dollars  as  now  provided  by  law. 

Sec,  2.  Beit  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  5th,  1861. 


CHAPTER  LXVni 

AN  ACT  to  suspend  the  collection  of  the  Vicksburg. 
Shreveport  and  Texas  Railroad  Tax  in  the  City  of 
Vicksburg. 

Section  1.  Be  it  enacted  by  the  Legislatzcre  of 
tJie  State  of  Mississippi,  That  the  further  collec- 
tion of  Taxes  assessed  by  the  city  of  Vicksburg, 
for  the  benefit  of  the  Vicksburg,  Shreveport  and 
Texas  Railroad  Company^  be  and  the  same  are 
hereby  suspended  until  twelve  months  after  a  treat}- 
of  peace  is  entered  into  between  the  United  States 
and  the  Confederate  States. 

Sec.  2.  Be  it  further  enacted,  Tliat  this  act  take 
effect  from  and  after  its  passage. 

Approved  December  5th,  1851. 


CHAPTER  LXIX. 

AN  ACT  to  repeal  an  act  entitled  an  act  in  relation  to  the 
Circuit  and  Chancery  Courts  of  Tishomingo  county, 
passed  December  14th  1850.  ^ 

Section  1.  Be  it  enacted  hij  the  Legislature  of  the 
State  if  Mississippi,  That  the  act  passed  by  the 
Legislature  of  tho  State  of  Mississippi,  approved 
the  14th  of  December  1859,  entitled  an  act  in  rela- 


98  LAWS  OF  MIgSISfelPPI. 

tion  to  the  Circuit  and  Chancery  Courts  of  Tish- 
omingo county,  be  and  the  Hameis  hereby  repealed. 

Sec.  2.  Beit  further  enacted,  That  all  suits  and 
prosecutions- now  pending  in  the  Circuit  'Courts 
established  by  saidtict,  be  and  tlie  same  arejiereby 
removed  to  the  Circuit  Court  for  said  county  at 
Jacinto,  and  tliat  tlie  same  stand  in  the  same  con- 
dition, an'd  be  proceeded  with  as  though  they  had 
been  commencod  in  said  Circuit  Court  at  Jacinto. 

Sec.  3.  Be  it  further  enacted,  That  all  writR, 
subpoenas,  and  other  process  returnable  to  said 
Circuit  Court  at  Corinth,  shall  be  returned  to  the 
next  term  of  the  Circuit  Court  at  Jacinto  ;  and  the 
defendants  therein  shall  demur,  ].)lead  answer 
thereto,  in  the  same  manner  that  they  would  have 
been  required  to  do,  had  the  same  ])een  returnable 
to  said  Court  at  Jacinto. 

Sec.  4.  Be  it  further  enacted,  That  all  defend- 
ants and  witnesses  in  prosecution,  on  the  behalf  of 
the  State,  who  may  have  entered  into  recognizance, 
or  been  summoned  to  appear  at  said  Circuit  Court 
at  Corinth,  shall  appear  at  the  next  term  of  the 
Circuit  Court  at  Jacinto,  and  answer  the  same,  in 
the  same  manner  that  they  would  have  been  requir- 
ed to  do,  had  said  recognizance,  bond  or  summons 
required  them  to  appear  at  said  Circuit  Court  at  Ja- 
cinto, and  that  in  default  thereof,  forfeitures  and 
other  proceedings  be  had  against  them  as  in  similar 
cases  in  said  Courf. 

Sec.  5.  Be  it  further  enacted,  That  all  suits 
now  pending  in  the  Chancery  Court  at  Corinth - 
established  by  said  act,  be  and  the  same  are  hereby 
removed  to  the  Chancery  Court  at  Jacinto,  and 
that  the  same  be  proceeded  with  in  the  same  man- 
ner that  they  would  have  been  had  they  been  com- 
meneed  in  said,  Chancery  Court  at  Jacinto,  asd 
that  all  process  madd  returnable  to  said  Chancery 
Court  at  Corinth  be  returned  to  said  Chancery 
Com't  at  Jacinto,  and  that  the  defendants  be  re- 
quired to  demur,  plead,  or  answer  thereto  in  the 
same  manner  that  they  would  have  been  had  the 
same  l)een  made  returnable  to  said  Chancery  Court 
at  Jacinto. 

'   Sec.  6.    Be    it  farther  enacted,  That  all    the 
V)ooks,  papers,  records,  and  furniture,  belonging  to 


LAWS  Ot    MIS.SISSrT'PI.  95» 

said  Circuit  and  Chancery  Courts  at  Coriutii,  be 
removed  to  the  Clerk's  office  of  said  Circuit  and 
Chancery  Courts  at  Jacinto,  and  that  the  same  be 
made  a  part  of  the  books,  papers,  records  and 
furniture  oi  said  Circuit  and  Chancery  Courts  at 
Jacinto,  and  that  all  the  judirnients,  decre(;s  and 
proceeding's  had  in  and  before  said  (^ircuit  and 
Chancery  Courts,  at  Corinth,  shall  have  the  same 
effect  and  force,  and  be  proceeded  with  in  the  same 
manner  and  to  same  extent  i\\i\i  they  would  liave 
had,  had  the  same  been  rende^-ed  aud  made  liy  said 
Circuit  and  Chancery  C'ourts  at  Jacinto. 

Sec.  7.  Be Jt  further  enada/,  That  this  :ici  tukr 
effect  from  and  after  its  passase. 

Approved.  December  .''t.  1861. 


CIIAJ^TER  LXX. 

AN  ACT  for  the  purpo.se  ul'  arming  Capt.  U.  A.  Pinson'.s 
Cavalrj  company,  and  Civpt.  Geo.  Barries'  Cavalry  com- 
pany of  Warren  county. 

Section  1.  Ik  it  enacted  tty  tJic  Ijcgis- 
latin-e  of  the  State  of  Mimsdppi,  That  the  Gov- 
ernor of  tlie  State  be,  and  he  is  hereby  authorized 
to  cause  to  be  issued  to  Capt.  Pinson,\)f  Ihe  Pon- 
totoc Drajroons,  No.  2,  the  sum, of  live  thousand 
dollars  of  the  Treasury  notes  authorized  to  be  used 
in  the  purchase  of  arms  and  equipments  of  volun- 
teers authorized  to  bo  issued  Ity  the  Convention; 
Provided,  Tiiat  Capt.  Pinson  shall  give  his  bond 
to  the  Governor  in  tlie  sum  of  eight  thousand  dollars 
conditioned  for  tlie  faithful  appropriation  of  tlie 
funds,  to  tlic  purpose  contcniplatpd  by  this  act. 

Sec.  2  Be  it  firiher  umckd,  That,  the  Auditoi- 
is  hereby  authorized  and  j-equired  to  issue  his  war- 
rant on  the  Treasury  in  favor  of  the  said  Cf  pt. 
Pinson  for  the  said  sum  of  money,  or  issue  to  him 
the  amoimt  of  Treasury  notes  as  the  case  may  be, 
taking  his  receipt  for  the  same  ;  and  the  said  Pinson 
is  hereby  rc(}uired  to  report  to  the  Treasurer  the 
manner  in  which  said  sum  of  money  vis  expended, 
and  shall  return  the  arms  purchased    therewith  to 


100  LAWS  OP  MISSISSII'IT. 

the  State  of  Mississippi  ii  he  expiration  of  liis 
term  of  service.  pon  t 

Sec.  3.  Be  it  further  enacted,  That  the  sum 
of  two  thousand  dollai's  be  and  the  same  is  liereby 
appropriated  to  Capt.  George  Barnes'  Cavalry 
company,  of  Warren  county,  upon  the  conditions 
of  this  act. 

Sec.  4,  Be  it  further  enacted,  That  this  act  take 
efiect  and  be  in  force  from  and  after,  its  passage. 

Approved.  December  7,  1861. 


CHAPTER  LXXI. 

AN  ACT  to  amend  the  Charter  of  the  City  of  Vicksburg. 

Section  1 .  Be  it  enacted  hy  the  Legislature  of  t/ie 
State  of  Mississippi,  That  the  Mayor  and  Council 
of  the  city  of  Vicksburg  in  said  State  be  and  they 
are  liereby  authorized  to  levy  and  have  collected,  un- 
der such  ordinance  as  they  may  enact  at  such  time  as 
they  may  deem  advisable,  a  tax  to  carry  on  the 
ordinary  affairs  of  said  city,  not  exceeding  in  any 
one  year  the  sum  of  sixty  cents  on  the  one  hundred 
dollars  worth  of  taxable  property  now  subject  to 
taxation  in  said  city  under  the  ordinances  thereof. 

Sec.  2.  Be  it  further  enacted.  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  December  5, 1861. 


CHAPTER  LXXIL 

AN  ACT  for  the  relief  of  Andrew  B.  Carson,  Tax-Collector 
of  Washington  county. 

Whereas,  The  assessment  rolls  of  said  county 
have  been  duly  completed,  certified  and  delivered 
to  the  Clerk  of  the  Probate  Court  of  said  county; 
and  whereas,  the  Board  of  Police  of  said  county 
failed  to  meet  and  hear  objections  to,  and  examine 
and  receive  the  same  :  therefore, 


LAWS  OP  MiSSISSIPPt.  ]0l 

Section  1 .  Be  it  enacted  by  ihe  Legislature  of  th 
State  of  3fissis.nppi.  Tliat  tlie  said  Board  of 
Police  may,  at  any  regulai-,  called  or  special  ineet- 
ing  thcrcoi',  next  after  the  passage  of  this  act,  heai- 
objections  to,  and  examine  and  receive  the  said 
assessment  rolls. 

Skc.  2.  Be  it  furtlicr  enacted,  That  this  act  take 
efiect  and  be  in  force  from  and  after  its  ])assage. 

Approved,  Decembers.  ISGl. 


CHAPTER  LXXIIl. 

AN  ACT  to  amend  the  Charterof  the  Xew  Orleans,  Jnckson 
.■ind  Great  Northern  llailroad  Company. 

Section  1.  Be  it  enacted  hi/  the  Legidcdto-e  of  tie 
State  of  Mississippi,  That  hereafter,  at  all  elec- 
tions for  Directors  in  the  New  Orleans,  Jackson 
and  Great  Northern  Railroad  comi)any,  neither 
the  Governor  of  the  State  of  Mississippi  nor  the 
Governor  of  the  State  of  Louisiana,  nor  the  Mayor 
of  the  City  of  New  Orleans,  shall  be  empowered 
or  authorized  to  vote  on  the  shares  of  stock  owned 
by  either  of  said  States  or  said  City,  in  said  cor- 
poration. ^ 

Sec.  2.  Be  it  further  enacted,  That  the  Gover- 
nor of  the  State  of  Mississippi,  shall  have  the  pow- 
er and  he  is  hereby  authorized  to  appoint  three 
citizens  of  the  State  of  Mississippi,  stockholders  in 
said  company,  to  be  Directors  in  said  company,  to 
represent  the  stock  owned  by  said  State  in  said 
corporation,  provided  the  Governor  of  the  State  of 
Mississippi,  shall  select  said  Directors  from  the 
various  sections  of  the  State,  through  which 
the  Road  passes,  so  as  to  represent,  as  fairly  as 
may  be,  the  stockholders  in  the  various  parts  of 
the  State. 

Sec.  3.  Be  it  further  enacted,  That  this  act  shall 
not  go  into  effect  until  passed  by  the  State' of 
Louisiana,  and  accepted  by  the  stockholders  in 
said  company,  as  required  by  their  Charter. 

Approved  December  20,  'l8GL 


iQ'l  Laws  of  Mississiiyi. 

CHAPTER  LXXIV. 

aX  A('T  to  aid  in  arming  and  equipping  aregunor.S  o!  caI  va 
vy  for  the  Coiifederate  service. 

Section  1,  ^e  it  enacted  by  the  'Legislcd  tire  of  the. 
Stale  of  Mississippi,  TJiat  tlio  sum  of  fifty  thou- 
sand dollars  be  and  the  same  is  hereby  appropria- 
ted out  of  any  moneys  in  the  Treasury  not  other- 
wise appropriated,  to  aid  in  arming  and  etjuipping 
a  reghnont  of  cavalry  about  to  .be  raised  by  Gen. ' 
P.  B.  ytarke,  for  the  service  of  the  Confederate 
States  for  the  period  of  twelve  months,  or  for  the 
war,  tlie  said  sum  of  money  to  be  drawn  from  the 
Treasury  by  warrant  issued  on  the  requisition  o 
tlie  Governor,  Provided  however,  That  the  part} 
.  or  parties  ])roposing  to  raise  said  regiment  shaL 
before  the  receipt  of  said  sum  of  money  give  bond 
with  good  sufficient  security,  payable  to  the  Gov- 
ernor in  the  sum  of  sixty  thousand  dollars,  condi- 
tioned to  faithfully  appl}'  said  sum  of  money  for 
the  purposes  contemplated  by  this  act,  and  to  re- 
turn the  arms  and  equipments  purchased  therewith 
to  the  Quartermaster  of  this  State  wlion  their  term 
of  service  has  expired. 

'    Sec.  2.  Bp  it  further  niacied^   That   the    arms 
^  and  equipments  purchased  with  the  money  appro- 

priated by  this  act,  shall  belong  to  the  State  of 
Mississippi,  and  shall  be  returned  to  the  Quarter- 
master General,  when  required  by  the  Governor, 
unless  the  Government  of  the  Confederate  States 
refund  to  the  State  the  amount  expended  under 
this  act,  and  tliat  this  act  shall  take  cflicct  fi-om  its 
passage. 

Approved,  Dcccmbf^r  10,  ISGl. 


CHAPTER   LXXY. 

AN  ACT  to  authorize  the  Governor  of  'the  State  to  return 
•     to  the    Auditor  of  Public   Accounts  certain   Auditor's 
warrants  in  his  hands. 

Whereas,    The   Governor    of    the    State   ha? 


LAWS   OF  MISSISSIPPI.  IQo 

transmitted  to  tlic  House  u  special  message  inform- 
ing the  House  that  he  lias  in  his  possession  Audi- 
tor's warrants  to  tlie  amount  of  one  hundred  and 
three  thousand  dollars  issued  upon  the  contract 
for  the  purchase  of  Belgian  arms,  and  whereas 
the  Governor  has  recjuested  the  passage  of  an  act 
to  enable  him  to  return  said  warrants  to  the  Audi- 
tor to  be  cancelled  and  have  them  place4  to  the 
credit  of  the  military  fund  :  therefore, 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the 
State  of'  Mississippi .  That  the  Governor  return 
to  the  Auditor  of  Public  Accounts  to  Ite  cancelled 
the  warrants  above  specitied  and  that  the  amount 
thereof  be  placed  to  the  credit  of  the  military  fund. 

Sec.  2.  Be  it  further  enacted,  That  this  act 
take  effect  and  be  in  force  fro:ii  and  .after  its  pas- 
sage. 

Approved  December  20,  18(51. 


('HAPj'j':ii  J.XXVi. 

AN  ACT  making  certain  appropriations  therein  named. 

Section  1.  Be  it  vjiacfed  inf  the  [j€p:islaiurc  of  the 
•State  of  3Iississip2n.  That  the  sum  of  seven  thou- 
sand dollars  is  hereby  ap])ropriated,-for  the  relief 
of  the  third  Battalion  of  Mississippi  vohmteers. 
Avhich  shall  be  distributed  among-  the  various  com- 
panies belonging  to  said  ])attalion.  in  proportion 
to  the  number  of  volunteers  composing  tlic  re- 
spective companies,  said  money  shall  be  paid  on 
llic  order  of  the  Governor,  drawn  on  the  Auditor 
in  favor  of  the  Captains  of  said  companies,  said 
Captains  sliall  execute  their  several  bonds  to  the 
Governor,  in  double  tliQ  amount  to  wliich  their 
respective  comi>anies  nuiy  be  entitled,  with  two 
good  securities  conditioned  for  the  faithful  appli- 
cation of  the  money  so  received,  and  to  accouni  to 
the  Governor  for  the  samo  :  said  Captains  on  aji- 
plyiug  for  the  money   hereby  ajiinoju-iated,  shall 

prf^-^ept    In     f]if^     niivci'iior     ■)    corliniMl     lief     f)f     flio 


104  LAWS   OF   MISSISSIPPI. 

names  of  the  persons  then  belougmg  to  their  com- 
mands, and  tliis  act  shall  he  in  forc^  from  its 
passage. 

Approved,  December  20,  1861. 


CHAPTER  LXXVII. 

AN  ACT  for  the  relief  of  L.  C.  Davis,  of  DeSoto  County. 

Whereas,  It  appears  by  the  certificate  of  the 
sheriff  and  tax  collector  of  DeSoto  county,  that 
L.  C.  Davis  was  erroneously  assessed  with  thirteen 
slaves,  for  the  year  1860,  amounting  to  fourteen 
dollars  and  sixty-three  cents  ($14  63)  and  said 
Davis  having  paid  the  full  amount  of  such  errone- 
ous assessment,  whereby  the  State  received  the 
same  twice  :  Now,  therefore,  ' 
.  Sec.  1.  Be  it  enacted  hy  tJie  Legislature  of  the 
State  of  Ilississippi,  That  the  auditor  of  public 
accounts  be  and  he  is  hereby  authorized  and  re- 
quired, to  issue  his  warrant  on  the  treasury  in 
favor  of  L.  C.  Davis,  for  the  sum  of  fourteen  dol- 
lars and  sixty-three  cents,  to  be  paid  out  of  any 
money  in  the  treasury  not  otherwise  appropriated  ; 
and  that  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  December  5,  1861. 


CHAPTER  LXXVni. 

AN  ACT  for  the  benefit  of  the  Lunatic  Asylum. 

Sec.  1.  Be  it  enacted  hy  the  Legislature  of  the 
State  of  3Iississipj)i,  That  the  auditor  of  public 
^  accounts  is  herel)y  instructed  to  issue  his  warrants 
on  the  treasurer  in  fnxov  of  the  trustees  of  the 
Ijunatic  Asylum,  for  tlie  sum  of  thirty-two  thou- 
sand dollars,  to  be  paid  in  quarterly  instalments 
in  advance,  out  of  any  money  not  otherwise  appro- 
priated, according  to  the  recommendation  of  the 
joint  standing  committee  on  the  Lunatic  Asylum : 


LAWS  0K*MISSIS8IPPT.  105 

Provided,  That  this  amount  shall  include  the  an- 
nual appropriation,  liitherto  made  by  law. 

Sec.  2.  Be  if  furiher  cruicfcd/Vhat  this  act  take 
effect  from  ami  after  its  passage. 

Approved  Poromlier  20,  18G1. 


CHAPTER  LXXTX. 

AN  ACT  to  amend  an  act  entitled  an  act  to  define  the  pow- 
ers of  the  County  Police  of  Covinj;;ton  and  Pike  Counties, 
in  relation  to  the  Three  per  Cent  Fund,  approved  Febru- 
ar}''  lo,  1846,  and  for  other  purposes. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the 
State  of  Mississip2:)i,  That  section  first  of  the  above 
recited  act  be  so  amended  as  to  make  it  the  duty 
of  the  County  Treasurer  -to  loan  said  moneys  out 
at  interest,  at  ten  per  cent  per  annum  ;  and  said 
Treasurer  is  lierel)y  required,  immediately  after 
the  passage  of  this  act,  and  at  the  maturity  oT  the 
outstanding  notes,  to  take  new  notes  from  any 
person  or  persons,  having  said  moneys  in  their 
hands  according  to  the  above  provisions,  and  on 
refusal  of  any  such  persons  to  renew  said  notes, 
then  the  said  Treasurer  is  hereby  required  to  sue 
forthwith  for  the  principal  and  interest,  and  five 
per  centum  damages  thereon,  in  any  court  having 
competent  jurisdiction  of  the  same. 

Sec.  2.  Be  it  further  eiiacttd.  That  the  Iburtli 
section  of  the  above  recited  act,  be  so  amended 
that  the  full  compensation  for  the  services  of  the 
Treasurer  shall  not  exceed  eight  per  cent  on  the 
interest  arising  from  the  principal  sum. 

Sec.  3.  Be  it  further  enacted^  Tliat  the  provisions 
of  this  act  shall  apply  only  to  tlio  County  of  Cov- 
ington. 

Sec.  4.  Be  it  further  enacted,  That  the  provi- 
sions of  any  act  iu  conflict  with  this  act  are  hereby 
repealed,  otherwise  to  be  in  full  force  and  effect, 
and  thatthis^nrt  take  effect  from  and  after  its  pas- 
sage. 

Approved.  Dcconihcr  I",  I8G1. 


106  LAWS   OF   MISSISSIPPI. 

CHAPTER  LXXX. 

AN  ACT  to  extend  the  time  for  the  coUectiou  of  the  Taxes 
of  the  current  fiscal  venr. 

./ 

Section  1.   />V  U  <^na..clvd  ity  t/i-:  Lcgivialarc  i./ 
the  State  of  Mississippi,  That  the  timo  for  the  col- 
h'ction  of  the  State  and  County  taxes  for  the  fiscal 
^  year,  commencing  on  the  first  day  of  May  last,  be 

and  tlie  same  is  hereby  extended  as  follows,  to-wit : 
Immediately  after  the  hrst  day  of  June  next,  the 
Tax  Collectors  shall  proceed  to  collect  the  said 
taxes  by  distress  and  sale  of  personal  proj^erty, 
and  t^  advertise  the  lands  of  all  persons  who 
shall  not  have  previously  paid  their  taxes,  for  sale 
on  the  first  Monday  of  July  following.  The  tax 
deeds  to  purchasers  shall  Tje  filed  witli  the  Probate 
Clerk  on  or  before  the  second  Mon'.ay  of  the  said 
month  of  July,  and  the  collectors  sh  j  at  the  same 
time  fde  with  said  clerk  the  list  of  the  lands  sold 
to  the  State  or  to  individuals,  and  shall  at  the 
same  time  present  to  the  Board  of  Police  of  his 
county  the  report  of  insolvent  and  delinquent  tax- 
payers, and  the  said  Board  of  Police  shall  meet  on 
that  day  to  receive  and  act  upon  tlie  same,  and  a 
list  of  the  allowances  mfide  shall  be  certified  by 
the  clerk,  and  transmitted  to  the  A'uditor  on  or 
before  the  twentieth  day  of  the  said  month  of  July. 
The  collectors  shall  only  be  allowed  an  additional 
compensation  of  five  per  cent  on  taxes  collected 
after  the  said  first  day  of  June,  auH  they  shall  pay 
over  all  taxes  collected,  to  the  State  or  County 
Treasurer  within  thii-ty  days  after  the  said  first  diiy 
of  July,  or  be  subject  to  all  the  penalties  by  law, 
for  not  paying  over  such  taxes  within  thirty  days, 
after  the  first  day  of  June,  and  all  the  laws  regula- 
ting the  collection  of  taxes  shall  apply  to  the  col- 
lection of  i^aid  taxes,  except  so  far  as  the  same  are 
altered  by  this  act.-  and  that  this  act  shall  take 
eftecl  from  its  passage. 
Approved,  December  20,  1861. 


LAWS  OF  ^rIssISSIPPI.  ttf7 

CHAPTER  LXXXI. 

AN  ACT  for  the  relief  ol  W.  T.  Huggins. 

Section  1.  Be  *it  enacted,  hy  the  Legislature  of 
the  Sf  ate  of  Mississippi,  That  the  Auditor  of  Public 
Accounts  be  and  he  is  hcreb}'  authorized  and 
required  to  issue  his  duplicate  warrant  on  the  trea- 
sury of  tlie  State  in  favor  W.  T.  Hug2:ins,  Asses- 
sor of  Taxes  for  the  County  of  Chickasaw,  for 
the  amount  of  his  commissions  for  assessing  the 
State  tax  for  tlie  year  1860,  amounting  to  the  sum 
of  five  hundred  and  seventy-four  ^ixty-scven  one- 
hundred  ths  dollars. 

Sec.  2.  And  he  it  further  enacted,  That  this  act 
take  efiect  and  bo  in  force  from  and  nftor  its 
passage. 

Approved,  Deccaibcr  19,  1861. 


CHAPTER  LXXXII. 

AN  ACT  for  the  relief  of  the  minor  ,heirs  of  W.  D.  Clifton, 
deceased. 

Section  1.  Be  it  enacted  bij  the  Legislature  of  the 
State  of  Mississippi,  That  'A.  B.  Bullard,  of  the 
.County  of  Itawamba,  Guardian  of  the  minor  heirs 
of  W.  D.  Clifton,  deceased,  be  and  he  is  hei;eby 
authorized  to  sue  for  and  collect  from  year  to  year 
one  half  the  interest  due  upon  money  of  his  said 
wards,  loaned  at  interest  under  the  order  of  the 
Probate  Court,  or  so  much  thereof  as  may  be  suffi- 
cient for  the  proper  support,  maintenance  and  ed- 
ucation of  his  said  wards,  notwithstanding  the 
provisions  of  an  act  to  modify  the  collection  laws 
of  this  State,  approved  August  otb,  1861. 

Sec.  2.  Be  it  further  enacted.  That  this  act  take 
*5ffect  and  bfe  in  force  from  and  after  its  passage, 
;-o  long  as  the  act  to  inodify  ihe  Cvollection  laws  of 
this  State,  Approved  August  5th,  1861,  remain:;  io 

X^ypTC|■^r^^,^Tlf^^'■^•r^^^■^■'■•■■]^    1S61. 


108  LAWS  OF  MISSISSIPPI. 

CHAPTER  LXXXIII. 

AN  ACT  to  reduce  the  pay  of  Officers  holding  Elections. 

Section  1.  Be  it  enacted  hy  ^hi  Legislnlitre  of  the 
State  of  Mississvpjii,  That  liereaftei-,  in  all  elec- 
tions by  the  people,  the  polls  shall  be  opened  at 
nine,  A.  M.  and  closed  at  4  o'clock,  P.  AI.,  of  the 
same  day  ;  that  only  two  clerks  and  two  inspectors 
shall  be  appointed  for  any  one  precinct,  and  that  in 
aU  cases  touching  the  qualification  and  rights  of 
voters  where  the  two  inspectors  cannot  agree,  the 
returning  officer  shall  give  the  casting  vote;  that 
all  clerks  and  inspectors  appointed  to  superintend 
and  conduct  said  elections  shall  be  entitled  to  re- 
ceive for  such  services  the  sum  of  one  dollar  per 
day  for  one  day  only,  and  that  all  returning  officers 
shall  receive  "the  sum  of  one  dollar  per  day  for 
one  day  only,  unless  two  days  or  more  have  actu- 
ally been  employed  in  said  service  by  such  return- 
ing officer,  in  which  case  he  shall  receive  the  sum 
of  two  dollars  and  no  more. 

Sec.  2.  Be  At  further-enacted,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  December  10,  1861. 


CHAPTER  LXXXIV. 

AN  ACT  for  the  Benefit  of  the  Mobile  and  Ohio  Railroad 
Corapany. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  Auditor  of  Public 
Accounts  is  hereby  instructed  to  issue  his  warrant 
in  favor  of  the  Mobile  and  Ohio  Railroad  Com- 
pany, in  the  sum  of  sixteen  thousand  ninety-eight 
dollars  and  seventy  cents,  to  be  paid  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated  ; 
this  amount  being  due  said  Railroad  Company  for 
the  transportat.'on  c  State  t;-..  <ps  up  to  the  four!  a 
day  of  April  last,  and  tliit  Jan   .i  Whitfield  or  s  ay 


LAWS  OP  MISBISSIPPI.  109 

one  of  the  directors  of  said  company  is  hereby 
authorised  to  draw  and  receipt  for  the  same. 

Skc.  2.  Be  it  further  enacted,  That  this  act  take 
effect  from  its  passage. 

Approved,  December  21,  1861. 


CHAPTER  LXXXV. 

AN  ACT  for  the  relief  of  F.  Coi. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the 
State  of  Missifisijypi,  That  the  Auditor  of  Public 
Accounts  issue  to  F.  Cox  his  Avarrant  on  the  Trea- 
sury of  the  State  for  the  sum  of  two  hundred  and 
eighty-six  dollars  in  lieu  of  warrant  No.  888  for 
that  amount  heretofore  issued  to  him,  ^nd  which 
has  been  lost  or  stolen. 

Sec.  2.  Be  it  further  enacted.  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  December  10,  1861. 


LXXXVI. 

AN  ACT  to  postpone  the  collection  of  forfeitures  until 
twelve  months  after  the  termination  of  the  existing  war, 
or  until  otherwise  directed  by  law. 

Section  1.  Be  it  euaclcd  by  tJic  Legidature  of  the 
State  of  3fis-sissippi,  That  the  collection  of  all 
judgraentsof  forfeiture,  heretofore  rendered  against 
sureties,  upon  bonds  or  recognizance?  entered  into 
for  the  appearance  of  their  principals,  before  any 
court  of  this  State,  to  answer  the  charge  of  a  vio- 
lation of  the  peniil  law  of  this  State,  be  and  the 
same  ia  hereby  postponed  until  twelve  months  after 
the  termination  of  the  present  war,  or  until  other- 
wise provided  by  law. 

Sec.  'i.  Be  it  further  enodccl,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  I  December  19,  186f. 


110  LAWB  OF  MISSISSIPPI. 

CHAPTER  LXXXVII. 

AN  ACT  for  the  benefit  of  William  Connor. 

Whereas,  William  B.  Cavanah,  late  of  Lowndes 
County,  Miss.,  did,  in  his  lifetime,  make  to  a  cer- 
tain William  Connor  a  verbal  transfer  of  any  and 
^  all  claims  wiiicli  he,  the  said  Cavanah,  might  have 

against  the  State  of  Mississippi  for  distributing 
the  Reports  of  the  High  Court  of  Errors  and  Ap- 
peals, and  the  Journals  of  the  Legislature,  Jnd, 
ivhereas,  the  children  and  distributees  of  said  Ca- 
vanah, all  being  of  lavt^ful  age,  and  not  intending 
to  carry  the  administration  of  their  father's  estate 
into  court,  have  given  the  said  Connor  a  written 
instrument,  attested  under  oath  by  a  Justice  of  the 
Peace,  acknowledging  and  confirming  said  verbal 
transfer,  therefoi-e, 

Section  1.  Be  it  enacted  hj  the  Legislatwre  of 
the' State  of%3Iississippi,  That  the  Auditor  of  Pub- 
lic Accounts  be  hereby  authorized  and  required  to 
issue  his  warrant  upon  tlie  Treasury  for  any  amount 
which  may  be  due  said  William  B.  Cavanah,  iu 
favor  of  said  William  Connor. 

Sec.  2.  Be  it  further  aiaded,  That  this  act  itakc 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  December  19, 186L 


CHAPTER  LXXXVm. 

AN  ACT  to  [repeal  an  act'  to  amend  an  act  to  secure  the 
interest  on  the  School  Fund  belonging  to  the  Counties 
in  the  Chickasaw  cession,  so  far  as  the  same  relates  to 
the  County  of  Calhoun,  and  for  other  purposes,  approved 
December  3, 1859,  and  for  other  purposes. 

Section  1.  Be  it  enacled  by  the  Legislature  of 
the  State  of  3Iisshisippi,  That  an  act  entitled  an 
act  to  amend  an  act  to  secure  the  interest  on  the 
Schol  Fund  belonging  to  the  Counties  in  the 
,  Chickasaw  cession,  so  far  as  the  same  relates  to  the 
County  of  Calbouti,  and  for  other  purposes,  a^ 
proved  December  3d,  1859,  be  repealed. 


LAWS  OP' MISSISSIPPI.  Ill 

Sec.  2.  Be  it  further  enadvd,  That  the  townships 
and  fractional  townships  in  said  county,  lying  in 
the  Choctaw  cession,  be  authorized  to  invest  in 
the  School  Fund  of  said  county  any  amount  of 
funds,  citlier  cash  or  notes,  bonds  or  other  securi- 
iioii  arisiuji^  from  tho  sixteenth  seciions  which  they 
may  have,  and  -on  makinu;  said  investment,  said 
townships  and  fractional  townships  so  investing 
shall  be  entitled  to  and  share  equally  the  common 
fund^with  the  townships  and  fracfionni  townships 
In  the  Ciiickasaw  cessioii. 

.    Sec.  o.  BeitfKriherenaeted,  That  the  fraciioun] 
townsiiips   having    no   fund    from    the   sixteentli 
sections  shall  be  entitled  to  the foregoino- provisions. 
SfX'.  4.  Jie  it  fiirther  rnaciecl,  Tha't  It  shall  be 
tiie  duty   of  tlie  Justices  of  the  Peace   in  v/hose 
beat  Vrespectively    the   lownshiji-^   and   fractional 
townships  may   be,  or  the  Justice  of  the  Peace, 
most  convenient  to  advertise  an   election  as  near 
the  centre  of  the  township  oi-  fractional  township 
as  may  be  practicable,  by  posting  iiotices  for  fifteen 
days  in  three  or  more  public  i^hices  in  said  town- 
ship or  fractional  lownshi}).  of  tlsc  time  and  place 
of  said   election,   and  shall,  witli  two   assistants,' 
hold  said  election  within  the  hours  of  12  M.,  and  , 
4  P.  M.     The  ballots   shall  be  nuirked  "  Consoli- 
dation'' or  ■'  No  Consolidation,"  and    said  Justice 
of  the  Peace  and  ust-istants  shall  certify  the  result 
of  said  election    to   ibe  School   Commissioners  ol" 
said  county,  ai;(l  if  a    miijority  d'  the  legal  voters 
of  said  township  or  fractional  tnwiiship  shall  vote 
for  '■  Consolidation,"  then  the  Trustees  or  Treasu- 
rer of  said  township  or  fractional   township  shall 
deposit  with   the  Tieasurer  of  said   county   anv 
amount  ol  funds,    iioti's,  bonds  or  other  sccureties 
belonging  to  said  t.o\vii,-;hip  oi-  fraclionaJ  township, 
who  sluill  receipt   Ibi-  thi;  same,  and   make  proprr 
entries  accoidingly  :  but  if  the  uiajority  shall  vote 
•' No  Consolidation."  ihen  Section  2d  shall    cease 
as  to  that  township  <ii-  fractionsil  township. 

Sec.  5.  Ik  it  J'mtM  r  ciuid<'<l,  That  it  shall  be 
the  duty  of  the  school  connuissioners  of  said  coun- 
ty to  appoint  annually,  three  inspectors,  any  two 
of  whom|, shall  be  authorized  In  examine  and  li- 


112  JAWS   OF  MISSISSIPPI. 

ccuse  teachers  in  said  county,  and  in  the  discharge 
of  their  duties  shall  have  due  regard  to  the  quali- 
fications necessary  for  the  different  localities,  and 
shall  also,  in  the  certificates  furnished  teachers, 
state  the  different  branches  in  which  they  have 
stood  a  successful  examination,  and  said  inspectors 
shall  receive  from  each  person  licensed  a  fee  to  be 
fixed  by  the  school  commissioners. 

Sec.  6.  Be  it  further  enacted,  That  this  act  shall 
take  effect  from  and  after  its  passage. 

ApproT«d  December  20,  1861.   . 


CHAPTER  LXXXIX. 

AN  ACT  to  restore  to  market  certain  lands  therein  men- 
tioned. 

Sec.  1.  Beit  enacted  hy  the  Legislature  of  the 
State  of  Mississippi,  That  all  the  vacant  and 
unappropriated  lands  situated  in  the  Jackson  land 
District,  lying  in  Copiah  county,  Mississippi,  and 
•west  of  Pearl  river,  be  and  the  same  are  hereby 
restored  to  private  entry,  under  the  same  rules, 
regulations  and  restrictions  as  other  lands  in  said 
District. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  from  and  after  its  passage. 

Approved,  December  19,  1861. 


CHAPTER  XC. 

AN  ACT  to  legalize  the  acts  of  the  tax  assessor  of  Win- 
ston County,  Mississippi. 

Whereas,  The  assessor  of  taxes  for  the  county 
of  Winston,  failed  to  file  his  assessment  rolls  for 
"the  year  1861,  in  the  police  court  of  said  county, 
at  the  time  required  by  law,  to  wit,  on  or  before 
the  first  Monday  in  October,  1861,  but  filed  the 
same  therein,  on  the  21st  day  of  October,  1861; 
and  whereas,  tlie  said  assessment  rolls  have  been 
approved  and  certified  by  the  said  police  court,  at 


LAWS  OK   MISSISSIPPI.  113 

the   time    and    in    the  inn'mrr  lequired   by  law. 
Therefore, 

Sec.  1.  tie  it  enadci}  uj  ii,>  Legislature  of  tin: 
State  o,  Mississippi,  That  the  assessment  rolls 
of  the  county  of  Winston,  ns  returned  by  the  as- 
sessor on  the  21st  day  of  October,  1861,  shall  be 
taken  and  recei^'.^d  as  though  the  same  Imd  bo<;ii 
returned  and  tiled  in  the  police  court  of  paid  coun- 
ty, on  or  before  the  first  day  of  October,  18t>l, 
and  that  the  compensation  allowed  by  law  to  the 
said  assessor,  shall  not  bo  affected  by  the  failure  to 
return  said  rollp  as  aforesaid. 

.  Sec.  3.  Be  it  fvrtlicr  rnarfed.  That  this  aci  shall 
take  ef5oct  and  ho  in  Ibroo  from  and  after  its  pas- 
sage. 

Approved,  December  19,  1861. 


CHAPTER  XCI. 

AN  ACT  to  amend  the    road  laws  within   the   limits  of 
Washington  county. 

Sec.  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississipjn,  That  in  the  county  of  Wash- 
inirton,  the  number  of  commissioners  which  are  re- 
quired by  law  to  lay  out  and  mark  roads,  shall  V)e 
reduced  from  seven  to  three,  and  that  the  sheriff 
of  said  county  is  hereby  authorized  to  administer 
the  oath  required  to  be  administered  by  law  to 
said  commissioner?. 

Sec.  2.  Be  it  farther  enaeied,  That  the  road 
taxes  wliich  are  collected  east  of  rauj?c  six  in  said 
county,  running-  through  toAvnships  fourteen,  fif- 
teen, sixteen,  seventeen,  eighteen  and  nineteen, 
shall  \)Q  applied  to  the  construction>of  roads  £\nd 
bridges  east  of  that  range. 

Sec.  3  Be  it  further  enacted,  That  this  act 
take  effect  from  its  passage. 

Approved  December  19,  1861. 


L-IV 


114  LAWS  OP  MISSISSIPPI. 

CHAPTER  XCIl. 

AN  ACT  U)  reduce  the  price  of  swamp  and  overfiowe'l 
lands  in  the  county  of  Jsickson. 

Sec.  L  Be  U  enacted  hy  the  Leglslainr^  of  tlie 
State  of  Mississippi,  Tliat  from  and  after  the  first 
day  of  Jamiary,  1862,  tlio  minimum  price  poraorc 
of  the  swamp  and  overflowed  land  ia  Jaelcson 
'.'ounty,  shall  be  ten  cenls. 

Sec.  2.  Be  it  Jurther  enacted.  That  all  law< 
now  in  force  with  regard  to  sales  of  swamp  and 
overflowed  land  in  Jackson  county,  coining  in  con- 
flict with  this  act.  be  ynd  the  same  are  hereby  re- 
pealed. 

Approved  December  19^  ISfil, 


CHAPTER   XCIIT. 

AK  A(!IT  ic>  finconragi^  the  mjinufaoture  nf  Ieatht:!r''in  t\w 
State. 

Seo.  1.  Be  it  enacted  hy  tin:  Legiakiture  of.  the 
State  of  Mississippi,  That  it  shall  be  lawful  for 
any  person  or  company  now  owning,  or  wishing  to 
establish  a  tanyard  in  this  State  for  the  manufac- 
turo  of  leather,  to  procure  and  use  for  that  pur- 
pose the  bark  of  oak  trees  growing  upon  the 
waste  and  una.ppropriatcd  lauds  of  this  State. 

Sec.  2.  Be  it  further  cna/:tecL  That  this  act  take 
effect  from  its  passage,  and  continue  in  force  for 
twelve  months  after  the  establishment  of  peace 
between  the  United  Staffs  and  iho  Confederate 
States. 

Approved  December  i  *.»,   1  s(«  I . 


CHAPTER  XCIV. 

AK  act  to  legalize  the  assessment  roll  of  Hinds  connty, 
for  the  year  1861. 

Whereas,  The  Probate  clerk  of  Binds  county 
has  retui-^ed  the  assessment  roll  for  the  year  1861 


r  ■  ^vs  OP  MISSISSIPPI.  115 

as  haviuf^  been  tii'-'i  on  the  Stli  day  of  October, 
A.  D.  18G1,  instead  of  the  7th  day  of  October,  as 
th(*  law  requires.     Tlicreforo, 

Section  1.  Be  it  enacted.  Uf  the  Legislature  of  the 
State  of  MU'siss'ippi,  That  the  assessment  roll  oi 
Hinds  county,  returned  by  the  probate  clerk  as 
haviuj:^  been  tiled  on  the  8th  day  of  October,  A.D. 
1861,  sliall  have  tlie  same  force  and  eflfect,  and 
be  as  valid  in  law,  as  if  tlie  said  assessment  roll 
had  been  filed  on  the  day  required  by  law. 

Sec.  2.  Be  if  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passai^e. 

Approved  December  19,  l*ni. 


CHAPTER  XCY. 

AN    ACT    foi   tiif;   rcliof  of    W.   P.  Baldwin,  of  Tippah 

County. 

Seciion  1.  7A  it  'Utadcd  hi/  the  Ijegislatarc  of  the 
State  of  Misf^^is.'i^ijypi,  That  the  auditor  of  public 
accounts  be  and  he  is  hereby  instructed  to  issue  his 
warrant  on  the  treasury,  in  favor  of  W.  B.  Bald- 
Avin,  of  Ti|ipah  county,  for  the  sum  of  eleven  dol- 
lars and  seventy-five  cents,  to  be  paid  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 

Sec.  2.  Be  if  further  enacted,  That  W.  A.  Boyd 
is  hereby  authorized  to  draw  the  amount  of  monc} 
and  receipt  for  the  same. 

Sec.  3.  Be  it  further  enacted,  I'hat  this  act 
take  effect  and  be  in  force  from  and  after  its  pay- 
sage. 

Approved  December  19.  1861. 


CHAPTER  XCVI. 

'.  ^"    ""T  to  increase  the,  pay  of  the   Sheriff  of  Warren 

Coaaty. 

Sec.  1.    Be  it  enacted  by  the  LegHHaturc  of  the 
State  cf  Mississippi,  That  the  Bheriif  of  Warren 
L— 20 


U6  LAWS   01''   MlBiSrSSIPPI. 

county,  hereal'iei-  l>e  allowed  the  t<um  of  two  liuii- 
dred  dollars  for  hit^  services  and  attendance  on  tbe 
criminal  court  of  Wan-en  county,  in  lieu  of  the 
amount  at  present  allovkcd  by  law.  to  be  paid  out 
of  the  county  treasur}-. 

Sfjc.  2.  Be  it  furiher  enacted,  Tliat  this  act 
take  effect  and  be  in  force  from  and  after  its  paa- 
Bage. 

Approved  December  ll>,  1861. 


CHAPTOR  X€VII. 

A.N  ACT  ID  relation  to  tbn  School  B'undof  Greone  County. 

Sec.  1.  Be  it  enacted  by  the  Lep:idcdjire  qf  tht 
Sto/e  of  lliLiissipjn.  That  it  shall  ]>e  the  duty  of 
the  commi?'-i oners  of  the  school  fund  of  t^aid 
county,  to  joan  out  the  said  frmd,  taking  notes, 
with  two  good  securities,  Ijearing  interest  at  the 
rate  of  ten  per  cent,  per  annum,  and  that  said 
commissioners  shall  use  a.nd  appropriate  the  inter- 
est only  accruing  on  said  fund. 

Sec.  2.  Be  it  further  macted.  That  all  acts 
and  parts  of  acts  conflicting  with  this  act,  be  and 
the  same  are  hereby  repealed,  and  that  this  act 
shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved,  December  19,  1861. 


CHAPTER  XCVin. 

AN    ACT    in  relation  to  the  Schoel    Fund    of   Jackson 
Cou^nty. 

Section  I  .  Be  it  enacted  IvjtJie  Legislature  of  the 
State  of  Mississippi.  That  the  board  of  school 
commissioners  of  Jackson  county,  be  and  the  same 
is  hereby  abolished,  and  that  the  duties  now  re- 
quired by  law,  to  be  performed  by  said  board  of 
Rchool  commissioner's,  shall  be  performed  by  the 

boft?a  ef  polios  ef  sTaok^utL  cii^tititf *  «t  thaiy  f«fu* 


LAWS  OF  MISSISSIPPI,  117 

Sec.  2.  Be  it  further  emtcted,  That  this  act 
take  eflfect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  December  1^>  'l'^'>1. 


CHAPTER  XCIX. 

AN  ACT  to  invest  the  Probate  Court  of  Hinds  Coiintv. 
with  jnrisdiction  in  the  matter  of  the  last  will  and  tcs- 
lameiit  of  Josso  W.  Morrison. 

WnEREA?.  Sarah  R.  Morrison,  widow  of  the 
late  Jesse  W.  Morrison,  and  Allen  J.  ^lorrison, 
who  has  been  appointed  executor  of  the  last  will 
and  testament  of  Jes^c  W.  Morrison,  deceased,  by 
the  Probate  court  of  Copiah  county,  and  James 
B.  Fairchild,  father  of  the  said  Sarah  R.  Morrison, 
have  presented  their  petition  to  the  leg-islature. 
praying  that  the  Probate  court  of  Hinds  county 
may  be  invested  with  the  power  to  settle  up  said 
estate  wliich  lict-  principally  in  said  county  of 
Hinds,  the  neorro  cabins,  and  a  larjje  portion  of  the 
real  estate  lying  in  said  county  of  Hind^.  but  the 
residue  lying  a  short  tlistance  over  the  line,  in  ihe 
county  of  Copiali  :    Therefore, 

Secttox  1 .  Be  it  awcted  by  t^c  Lcgislatmr.  of  the 
State  rjf  Mis^^'issippi,  That  the  ProV»ate  court  of 
Hinds  county,  be  and  hereby  is  invested  with  full 
power  and  authority  to*  take  charge  of  the  last 
will  and  testament  of  Jesse  W.  Morrison,  and' 
have  as  full  and  complete  autliority  to  settle  up  the 
estate  of  aaid  Morrison,  partly  lying  in  Hind.- 
county,  aud  partly  in  Copiah  county,  in  the  same 
manner  as  if  the  said  Morrison V-  last  residence 
had  l»een  in  said  county  of  Hinds. 

Sr.r.  2.  Be  it  furthfir  enacted,  That  the  Probate 
""lerk  of  Copiah  county,  be  and  he  is  hereby  autho 
rized  and  rP(i[uired  to  transfer  the  original  will. 
t.*jgether  with  the  certificate  of  the  Probat/^  clerk 
of  its  probate,  and  aU  the  original  papers  pcrtain- 
itg  ti*  -^hf  la.^t  •will  and  'octamcut  of  Jesse  W. 


ri--'-.iti 


,  t^tdtUcr  '^n*Jt  \\l  tlio  oi*d«r8  vsaA^.  Va' 


1.18  LAWS   OP   MlSSJSSrPPI. 

clerk  of  the  county  of  Hinds,  whose  duty  it  is 
hereby  made  to  receive  the  same,  and  file  the  same 
in  the  Probate  conrt  of  Hinds  county,  and  the  said 
,  Probate  court,  of  Hinds  is  authorized  to  proceed 
^vith  the  settlement  of  said  estate,  in  the  same 
mode  and  manner  as  if  the  said  Morrison  had 
have  died  in  the  county  of  Hinds,  and  had  his  last 
residence  in  said  county. 

Sec.  2.  Be  it  fartlver  enae^cd,  That  this  act  shall 
take  effect  and  be  in  force  fi  ni  and  aft^r  its  pas- 
sage. 

Approved,  December  \Vi.   1851, 


0HAPTE11.C. 

AM  ACT  to  declaie  Boguo  Phalaiah,  and  Us  branches, 
in  the  counties  of  Bolivar  and  Washington,  navigal^lc 
?5t  reams'. 

r:'-EC.  1.  Jk  il  rnactal  h}j  iJic  Lcgislaiurc  of  the 
'State  of  Mif^sissippi,  That  Bogue  Phalaiah  and 
its  braucltcs.  from  their  several  sources,  on  and 
near  th<'  Mississipjii  river,  in  the  county  of  Boli- 
var, to  its  mouth  on  Sunflower  river,  in  the  county 
of  Wasiiington,  be  and  the  same  are  hereby,  de- 
clared to  bo  navigable  streams. 

Sep.  '1.  Be  it  further  enacted^  That  i\.\\y  person 
or  persons,  Avho  sh{>ll  obstruct  the  said  streams,  or 
any  of  them,  Ity  felling  trees  in  or  across  the  same, 
damming  them,  or  otjiicrwisc,  shall  forfeit  and  pay 
the  sum  of  one  hundred  dollars,  for  each  and  every 
offence,  to  be  recovered,  in  tiie  name  of  the  State 
of  Mississippi,  in  any  court  of  competent  jurisdic- 
tion :  and  moreover,  such  person  or  persons  so 
rjffending  shall,,  upon  the  requirement  of  any  Jus- 
tice of  the  peace  of  the  county  within  which  the 
offence  was  committed,  remove  such  obstruction 
•it'ithin  five  days  after  notice  of  the  requisition, 
•and  upon  failure  so.  to  do,  said  justice  shall  cause 
the  obstruction  to  be  removed  at  the  expense  of 
the  offending  party,  or  parties,  and  such  expense 
may  be  sued  for  and  recovered  iu  the  name  of  the 
State,  in  any  court  having  jurisdiction 

Approved  December  11,  186L 


CHAPTER  CI. 

AN  ACT  to  aniemi  an  act  entitleil  fin  act  \o  increase 
the  fee  for  apprehending  runaway  slaves  in  the  coun- 
ties of  Tunica,  Coahoma,  Bolivar.  Washington  and  Ts- 
saqiiens. 

Section'  1 ,  JJc  it  tiuu-ivd  bij  /he  J.tifislalurc  of  tht 
State  of  Mississippi,  That  ai'  act  entitled  an  act 
to  increase  the  fee  for  apprehending-  runawa}' 
slaves,' in  the  count ies  of  Tunica,  £!oalioma,  Boli- 
var, Washington  uud  Lsaquenn,  approved  Feb- 
ruary 10,  18G0,  1)0  so  amended  as  to  allow  the 
jterson  apprehending-  a.  slave,  in  addition  to  the 
sum' already  allowed  by  said  act,  ten  cents  per  mile 
and  all  ferriages,  for  traveling  in  conveying  sairl 
slave  fo  hi?  ownei-. 

Sec.  2.  L'c  it  j'vriher  (.luului.  'That  this  act 
shall  take  effect  and  bo  in  full  force  fi-om  and  aftrr 
its  passage. 

Approved  December  11.-]  ^^(^I . 


CHAPTER  CH. 

AN  ACT  for  the  relief  of  William  II.  Browning. 

Whereas.  William  H.  Browning  dicl,  on  the 
Tth  day  of  January,  A.  D.  1850,  purchase  from 
the  auditor  of  public  accounts,  the  f^dlowing 
lands,  situate  in  the  county  of  Issaquena,  to-wit : 
The  north-west  quarter  and  west  half  of  north- 
east quarter,  section  nineteen,  township  thirteen, 
range  seven,  west,  at  and  for  the  sum  of  sixty- 
eight  dollars  and  forty  cents,  and  received  a  deed 
from  .said  auditor,  in  which  tho  State  of  ilississip- 
pi  covenanted  to  refund  to  said  Browning,  the  said 
sum  of  money  in  case  ?aid  J^rowning  was  evicted 
by  some  regular  proceeding,  in  a  court  of  compe- 
tent jurisdiction,  v.ithin  five  years  from  the  datv^ 
of  said  df:ed  ;  and  whereas,  tho  said  Browning  has 
heen  so  evicted:     Therefore. 

L—22 


120  i.Awa  OP  MmsiHijipm. 


•.'I  '^ 


,Sec.  i.  Be  it  Ciiati(;d  hy  Via'  Legidaiurt  of  the 
State  of  Mississippi,  That  the  auditor  of  public 
accouni:^,  be  and  he  is  hereb)-  directed  to  issue  to 
said  William  H .  Browning,  or  liis  attorney,  a  war- 
i-ant  on  the  treasury  for  the  said  sum  of  sixty-eight 
dollars  and  forty  cents  ;  and  that  this  act  take  ef- 
fect and  be  m  force  from  and  after  its  passage. 

A.pproTed  December  11,  1  -T»l. 


■   OHAPTER  Cni. 

AN  ACT  to  authorize  the  Board  of  Police  of  Bolivar 
County  to  remunerale  the  Clerk  of  saifl  Board,  for  extra 
oflSce  services. 

Sec.  1.  Beit  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  board  of  police 
of  Bolivar  county,  be  authorized  to  pay  to  the 
clerk  of  said  board,  such  fees  for  extra  services 
performed  by  said  clerk,  as  said  board  may  deem 
right  and  proper  ;  and  that  this  act  take  effect  and 
bo  in  force  from  and  after  its  passage. 

Sec.  2,  Be  it  further  enacted,  That  the  provi- 
sions of  this  act  shall  extend  to  the  county  of  Is- 
saquena. 

Approved  December  11,  1861. 


'      CHAPTER  CIV. 

AN  ACT  for  the  relief  of  W.  D.  Baldwin,'  of  Sunflower 
County,  and  the  Probate  Clerks  of  Lauderdale^and  Jas- 
per Counties. 


)oard  of  ])olice"to  hold  a  meeting  on  the  first  Mon- 
hiy  in  November,  1S61,  \V.  D.  Baldwin,  clerk  of 


Whereas,  By  reason  of   the  omission   of    the 
hot 

the  Probate  court  of  said  county,  will  be  prevent- 
ed from  transmitting  a  copy  of  the  corrected  as- 
sessment roll  of  said  county  to  the  auditor  of 
public  accounts,  by  tlie  first  Monday  in  December, 
1861,  as  required  by  article  26,  ckapter  3,  of  the 
lievised  Code.    Therefore, 


LA.VVS  OF  MISSISSIPPI.   ,  1.21 

Sec.  1.  Be  it  enacted  by  the  Legislate/re  of  the 
State  of  3fissisdppi,  Tliiit  W.  D.  Baldwin,  clerk 
of  the  Probate  court  of  Sunflower  county,  and  the 
Probate  clerks  of  Lauderdale  and  Jasper  counties, 
be  allowed  until  the  20th  day  of  December,  1861, 
to  file  with  the  auditor  of  public  accounts,  copies 
of  the  assessment  rolls  of  said  coimties  for  the 
present  year,  and  that  they  be  released  from  the 
forfeiture  to  which  they  might  othe;  a  ise  be  liable, 
provided  they  present  to  the  auditor  said  copies 
of  the  assessment  rolls  on  or  before  the  said  20th 
day  of  December,  1861. 

Approved  December  11,  18()1. 


CHAPTER  C\. 

AN  ACT  to  reduce  the  price  of  Swamp  and  Overflowed 
Lands,  in  the  County  of  Jones. 

Section  1.  Be  it  enacted  hij  the  Leglslaiurc  of 
the  State  of  Mississijjpi,  That  from  and  after  the 
first  day  of  January,  1862,  the  minimum  price  per 
acre  of  the  swamp  and  overflowed  laud  in  Jones 
county,  shall  be  twenty-five  cents  :  Provided,  this 
act  shall  not  be  so  construed  as  to  apply  to  any 
lands  about  which  there  is  noAV  a  contest. 

Sbg.  2.  Be  it  further  enaded,  That  all  laws 
now  in  force  with  regard  to  sales  of  swamp  and 
overflowed  lands  in  Jones  county,  coming  in  con- 
flict with  this  act,  be  and  the  .^ame  are  hereby  re- 
pealed. 

Approved  December  11.   1 8(^  I . 


CHAPTER  CVI. 

AN  ACT  to  legalize  tfcc  assousment  roll  oi  Xntilviha  Coun 
ty,  for  the  year  1861. 

WiiEi^EAS,  The  assessor  of  taxes  for  the  county 

of  Neshoba,  failed  to  file  his  assessment  rolls  for 

the  year  1861,  in    the  Police  court  of  said  county, 

at  tlie  time  required  bv  law.  to-wit.  on  or  before 

U-23 


1211  L>WS  OF  Mig^lS^«>.PL 

the  first  Monday  in  October,  1861,  but  filed  th# 
same  therein,  on  the  2lRt  day  Sf  October,  1861  : 
and  whereas,  the  said  assessment  has  been  approv- 
ed and  certified  by  the  police  court  at  the  t\ir\o 
and  in  the.  manner  required  by  law.  Therefore, 
^  Sec.  1.  Be  M  enacted  by  the  Legislature  of  the 

State  of  Mississi2:)iji^  That  the  assessment  rolls  of 
the  comity  of  Neshoba,  aa  returned  by  the  assessor, 
on  the  21st  day  of  October,  1861.  shall  be  taken 
and  received  as  though  the  same  had  been  retumed 
and  filed  in  the  police  coitrt  of  said  county,  on  or 
before  the  1st  day  of  October,  1801.  and  tliat  the 
compensation  authorized  by  law  to  the  said  asses- 
sor, shall  not  be  affected  hf  the  failure  to  return 
said  roll,  as  aforesaid. 

Sec.  2.  Be  it  further  enacted^  That  this  act 
shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  December  11,  1861, 


CHAPTER  CVlI. 

AN  ACT  to   appropriate   one   thousand  dollars  to  repair 
and  improve  the  Goverrior's  Mansion. 

Section  \:  Be  it  enacted  ht/  the  Lcgislai iire  of 
the  State  of  Mississip'pi,  That  the  sum  of  one 
thousand  dollars  be  and  the  same  is "  hereby  ap- 
propriated to  the  repair  and  improvement  of  the 
Governor's  mansion,  and  other  buildings  and 
fencing  on  tlie  same  lot  of  ground,  to  be  expended 
under  the  direction,  supervision  and  control  of  his 
Excellencv,  the  Governor  of  the  State. 

Sec.  2."  Be  it  further  enacted,  That  the  Gov- 
ernor be  and  he  is ,  hereby  authorized  to  pay  for 
said  repairs  and  improvements  out  of  the  said  sum 
of  one  thousand  dollars,  by  •  certifying  over  his 
name  to  the  correctness  of  any  account  for  work 
or  material  contracted  for  l.iy  him  ;  and  upon  such 
account  being  filed  with  the  auditor,  so  certified, 
the' auditor  shall  draw  his  warrant  on  the  treasm-y 
for  the  amount  of  such  account,  until  the  appro- 
printif^ri  i-  ox]n:'''-C'l.       '■  ... 


LAWS  i)V  Afff;>ii>>^ii'r  1.  r2H 

Sec.  o.  Be  it  J'urini-  '..cuLiti...  Tlmi  thL-s  act 
shall  take  effect  nnd  be  ia  force  from  and  after  its 
passage. 

Approved  December  11.1861. 


CllAlTKK    r\niJ. 

AN-  ACT  tj  prerent  llie  soiling  o!  iiUoxioaling  liquors  in 
less  quantities  than  ton  gallons,  in  the  Town  of  Vcron:i. 

•  SectiO'N'  I .  ^jV  //  cnacled  by  Ihv  Lco-ishifinr  of'  the 
State  of  Missifsipin.  That  it  sliall  "not  be  lawful 
for '  any  person  to  sell  any  vinous,  spirituous,  or 
intoxicatinjx  liquor  in  any  quantity  less  than  ten 
gallons,  within  the  incorporate  limits  of  the  town 
of  Yerona.  in  Itawamba  and  Pontotoc  counties, 
except  for  medicinal  and  >^acramontal  purposes,  in 
the  manner  \\\\f\  u]V)n  the  conditions  now  ])rovided 
bylaw. 

Sec.  2.  B(  it  farther  enacted,  That  any  person 
for  violating-  the  provisions  of  the  first  section  of 
this  act  sliatl  be  subject  to  all  the  pains  and  pen- 
alties now  imposed  by  laAv  for  selling  vinous, 
spirituous  and  intoxicating  liquors,  in  less  quantity 
than  one  gallon,  without  license,  from  the  board 
of  police  of  the  county  being  first  obtained. 

Sec.  3.  Be  it  farther  enacted^  'j'hat  tliis  act  shall 
take  effect  and  be  in  force  from  juid  after  its  pas-., 
sage.  * 

Approved  December  12.  1861. 


CHAPTER   CIX. 

.\N  ACT  requiring  the  Boards  oi  Police  oC  the  .several 
counties  to  examine  the  oflBcial  action  of  the  commission 
era  of  swamp  and  ovcrllowod  lands,  and  for  other  pur,- 
poses. 

Skc.  1.    Be  it  enacted  hy  ike  Legislature  cf  the 

State  of  Mississippi,    That- it  shall  be  the   duty 

of  the  JDoards  of  police  in  the  several  counties  in 

this  State,  to  institute  and  make  a  thorough  exam- 

lii— 24 


124  t,,iW5l  OF  M!.«i?st8RlPPt; 

iuoiioij  oi'  the  official  aciion  of  ihc  (.oiiimissioners 
of  swamp  and  overflowed  landn  in  their  respec 
live  counties ;  they  shall  examine  the  accounts 
and  vouchei'B  of  said  commissioners  ;  the  manner 
in  wliicli  they  sold  the  s\ramp  land  scrip,  and  as- 
certain ^\  hether  it  was  sold  according  to  law,  and 
whetiicr  the  commissioners  were*the  purchasers  of 
any  j.art  of  it :  they  shall  also  inquire  into  the 
location  of  said  scrip,  and  ascertain  what  amount 
of  land  was  entered  by  said  commissioners,  or  b^ 
other  persons  wholly  or  partially  for  their  benefit : 
ihej  shall  also  inquire  into  and  ascertain  what  dis- 
position was  made  of  the  money  arising  from  the 
sale  of  said  scrip  :  what  amount  of  it  has  been 
paid  out.  to  whom,  and  for  what  purpose,  and 
whether  it  was  paid  out  according  to  law.  The 
result  of  said  examination  shall  be  entered  in  de- 
tail upon  the  records  of  the  police  court,  and  shall 
be  open  to  the  inspection  of  the  people  ;  and  to 
•■nable  the  said  boards  of  police  to  make  such  ex- 
amination, it  shall  be  the  duty  of  the  Seci'etary  of 
State,  and  all  other  public  officers,  to  furnish  any 
information  in  their  possession  when  required ; 
and  the  said  boards  shall  also  be  invested  with 
power  to  employ  counsel  at  the  expense  of  the 
,  county,  to  be  refunded  to  the  county  out  of  any 
money  hereafter  belonging  to  the  swamp  land  fund, 
to  assist  them  in  such  examination. 

Sec.  2.  Be  if  further  nnacted.  That  if  upon  such 
Counsel  examination,  the  said  boards  of  police  shall  iiud 

Dloved^"^"  that  the  bond  given  by  any  person  or  persons  upon 
entering  upon  the  office  of  commissioner  of  swamp 
and  overflowed  lands  as  aforesaid,  has  been  violat- 
ed, it  shall  be  their  duty  to  employ  counsel,  as  in 
the  preceding  section  of  this  act,  to  bring  suit 
upon  such  bond,  in  any  court  having  jurisdiction 
of  the  same.     And  if  upon  such  examination,  the 

o"  Frauds  g^id  boards  shall  find  that  frauds  were  committed 
in  the  sale  of  any  part  of  said  scrip,  or  in  the  en- 
try of  any  part  of  said  swamp  and  overflowed 
lands,  it  shall  be  their  dutj^  to  employ  counsel  as 
aforesaid,  to  bring  and  prosecute  suits,  to  set 
aside  and  cancel  all  titles  to  lands  thus  obtained 
by  fraudulent  means,  in  any  court  of  law  or  equity 
having  competent  jurisdiction  :  said  suits  shall  be 


hk"^  OF  vissiRsirF^i.  12/» 

prosecuted  in  the  name  of  iho  board  of  police  of 
the  proper  county;  and  all  lands  that  may  haVe 
been  fraudulently  entered  in  the  name  or  names  of 
the  same  person  or  person-^,  may  be  included  in  a 
single  suit;  and  in  all  oasci?  where  the  possession 
and  ownei'?hip  of  any  such  lands  sliall  have  passed 
out  of  the  origiinal  patentee,  suit  shall  be  brought 
against  ihe  person  found  in  possession,  and  all 
under  whom  he  holds  ;  and  it  shall  be  competent 
for  the  court  in  all  cases  where  justice  requires 
such  a  judgment,  to  awnrd  the  land  in  controversy 
to  an  innocent  purcliaser  for  a  valuable  considera 
tiou,  and  to  enter  dectee  (>r. judgment  against  the 
person  fraudulently  enterinji'  it,  for  the  money 
paid  by  the  ih-st  innocent  purchaser. 

Sec.  ;i.     Re  it  further  titaded,  'J'iiat  a  majority     guorani 
of  any  boai-d  oi"  police  shall  he  competent  to  dis-  ^o  ilo  bu- 
charge  the  duties  required  by  this  act.  and  if  any  siness. 
board  shall  fail  or  refuse  to  perform  said  duties  in 
good  faith,  each  ajid  evciy  member  so  failing'  oi- 
refusint;',  shall  forfeit  and  pay  the  sum  of  five  hun- 
dred dollars,  to  be  recovered  in  the  Circuit  Couj't 
of  the  county,   on  information  given  by  any  per- 
son :  one  half  of  said  amount  to  be  paid~  to  the 
informer,  and  the  other  half  t't  tlie  treasurer  of 
the  common  scliool  fiu;d. 

Sec.  4.  lie  It  farther  tnacted,  That  the  provi- 
.<*ions  of  an  act  entitled  an  act  to  modify  the  collec- 
tion laws  of  this  State,  ap})roved  August  5th,  18(11. 
shall  not  extend  to  any  suits  in  law  or  equity, tliat 
may  arise  under  the  jirovisions  of  this  act. 

Sec.  5.  Be.  it  further  enact  eJ,  That  .this  act  shall 
not  api^lv  to  any  of  the  swamu,  and  overflowed 
lands  donated  to  the  c  >mmissioncrs  of  the  Homo 
chitto  river,  by  an  act  of  the  legislature  of  this 
State,  approved  ^farcli  'M'(L  1<S52. 

Sec.  6.  Beit  further  enarfrd.  That  if  the  boards      Penalty 
of  police  shall  fail  to  institute  proceedings  under  for  failure 
the  provisions  of  this  act,  then  it  shall  be  lawful  toinstit'te 
lor  any  citizen  oi-  citizens  of  the  respective  conn-  proceed- 
ties,  to  employ  counsel  and  institute  suit^,  for  the  '"^*' 
jmrpose  of  setting  aside  any  fraudulent  entries  in 
tiiis  act  mentioned  ;  and  for  tliat  j)urposc  they  are 
hereby  empowered,  to  use  the  name  of  the  board  of 
police,  in  auy  suit  or  suits  brought  under  the  pro- 
visions of  this  act. 


126  LAWS  OF   MISSISSIPPI. 

Sec.  T.  Be  it  further  enacted,  That  the  boards 
of  police  of  the  seyeral  counties,  ^  are  hereby  au- 
thorized to  use  any  swampland  fund  now  on  hand, 
for  military  purposes,  to  ))e  ro-jmid  to  tlie  school 
fund  after  the  termination  of  the  war. 

Sec.  8.  Be  it  furtJier  enacted,  That  the  pro- 
Counties  visions  of  this  act  shall  not  apply  to  the  counties 
excw^ii-jd.  f^f  Washington,  Bolivar,  Tunica,  Pike,  Jasper, 
Newton.  Hinds,  Sunflower,  Kemper,  Carroll. 
Leake,  Adams,  Panola,  Smith,  Coahoma,  Amite. 
Simpson,  Claibonie,  Copiah,  Monroe,  Noxubee. 
Chickasaw,  Madison,  Wilkinson,  Lowndes,  Oktib- 
beha, Choctaw,  Tallalratchio.  -Teffer.~ou,  Issaquena, 
and  Warreu. 

Sec.  9.  Be  it  further  enacted,  That  all  lawh^, 
or  parts  of  laws  that  conflict  with  the  provisions 
of  this  act  be  and  the  same  are  hereby  repealed, 
and  this  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 
^         Approved  December  1 2.  1861. 


CHAPTER  ex. 

AN  ACT  to  reduce  the  salary    of  thn   Protott-  Judge   o( 
Pontotoc  county. 

Section  1.  Be  it  eiiacted  by  the  Lcgidali'rc  of 
the  State  of  Mississippi,  That  the  aunual  salary 
of  the  Probate  Judge  of  Pontotoc  county  shall  bo- 
six  hundred  dollars  instead  of  eight  hundred  dol- 
lars and  that  sai(i  salary  of  sis  hundred  dollars 
be  paid  as  now  provided  for.     ^ 

Sec.  2.  Be  ?/  furtJwr  emcted,  That  this  act 
shall  take  effect  and  be  in  force  from  and  after  the 
first  day  of  January  186S. 

Approved  December  16.  1861.  ' 


LAWS  OF  MISSISSIPPI.  127 

,        CHAPTER  CXI. 

AN  ACT  to  amend  an  act  entitled  an  act  to  repeal  the 
common  school  law  of  Copiah  county.  &c.,  approved  De- 
cember Gth  1850., 

wStCTiON  1.  }i(  it  viuK'ted  by  (he  Lt:gisla(urv  of  the 
Slate  of  Jlississippi,  T]\a,t  so  much  of  the  above  re- 
fitedact  as  provides  for  thelevvinn^  and  collecting, 
annually,  of  fifty  per  cent,  on  the  State  tax  be,  and 
the  same  is  liereby  suspended  until  twelve  months 
after  the  close  of  the  present  war  ;  and  no  school 
tax  sViall  be  collected  in  said  Copiah  county  until 
the  expiration  of  said  time. 

Sec.  2.  Be  it  further  enaetexL  That  this  act  take 
effect  froiu  and  after  its  passage. 

Approved.  December  16.  1801. 


CHAPTER   OXll. 


AN  ACT  to  retiucd  the  iSalury  of  the    Probate  Judges  ol 
Yallobusha  and  Franklin  countie.s 

Section  J .  Be  it  enaeted  hi/  iJte  Legislature  of  the 
Skife  of  Mississipj^i,  That  the  salary  of  the  Pro- 
Judgo  of  Yallobusha  county  be  reduced  from  one 
thousand  to  eight  hundred  dollar?,  and  that  here- 
nfter  the  said  Probate  Judge  shall  only  receive  the 
8uni  of  eight  hundred  dollars  annually. 

Sec.  2.  Be  it  further  enacted,  That  the  salary 
of  the  Probate  Judge  of  Franklin  county  shall  be 
reduced  to  five  hundred  dollars  per  annum. 

Sec.  3.  Be  it  further  enacted.  That  tluH  act 
take  effect  from  it  passage. 

Approved  Dccembei-  IG.  1861. 


CHAPTER  CXni. 

AN  ACT  to  amend  the  Charter  of  the  City  of  Jackeon. 
Section  1.  Be  it  enacted  by  the  I^gieJalurc  *»/ 


128  LAWS  OF   MISSISSIPPI. 

the  State  of  MUsissippi,  That  the  Charier  of  the 
City  of  Jackson  be,  and  tlic  same  is  hereby  so 
amended  as  1o  authorize  tlie  Mayor  and  IJoard  of 
Aldermen  of  the  city  of  Jackson  to  devide  the  city 
of  Jackson  into  three  separate  wards  ;  ami  the 
legal  voters  of  each  of  said  wards  shall  annually 
elect  two  members  of  the  Board  of  Aldermen  from 
their  respective  wards ;  and  tlie  Mayor  and  Board 
of  Aldermen  are  hereby  authorized  to  have  elec- 
tion polls  opened  in  each  of  said  wards  at  the  next 
annual  election  for  May(jr  and  Board  of  Aldermen 
of  said  city,  and  are  authorized  to  appoint  persons 
to  hold  said  elections,  and  suitable  persons  to  mak« 
returns  thereof,  in  each  of  said  wards. 

Sec.  2.  Beit  further  enacted,  That  this  act  tak« 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  December  l(i,  18B1. 


CHAPTER  CXIV. 

AN  ACT  to  reduce   tho  salary  of  the  Trobate  Judge  of 
Rankin  county. 

Section  1.  Be  it  enacted  by  tin-  LtgisJature  of 
the  State  of  Misdasippi.  Tliat  the  salary  of  the 
Probate  Judge  of  Rankin  county  from  and  after 
the  first  day  of  October  1862,  shall  be  five  hundred 
dollars,  and  no  mojc. 

Approved.  December  IB,  1861. 


CHAPTER  CXV. 

AX  ACT  to  authorize  James  C.Quinn,  Thomas  C.  Kasbcrry 
and  William  A,  L  Harris  to  make  a  Will. 

Section  1.  Be  it  mucted  by  the  Legidaf'^ie  of  the 
State  of  3fissif!sippi,  That  James  C.  Quinn, 
Thomas  C.  Rasberry  and  William  A.  L.  Harris, 
minors  of  the  county  of  Leake,  bo,  and  they  are 
hereby  enabled  to  make  their  last  will  and  testa- 
ment, and  thereby  to  direct  tlje  disposition  that 
shall  be  made  of  their  property  aft(!r  tlieir  death, 


tjk.w»  OF  ikjidettsippi.  12^< 

as  ftilly  and  as  legally  as  it  they  were  of  the  age  of 
twenty-one  years. 

Sec.  2.  JBe  it  further  rmdcd,  Tliat  this  tot  shall 
taJbe  effect  and  be  in  force  from  and  aftei-  its  fM- 

Appro voti  December  10,  186U 


CHAPTER   CXVI. 

AN  A.CT  for  the  relief  of  0.  W.  Shipp,  of  Calhoun  county. 

Section  1.  Be  it  enacted  by  the  Legislature  oj 
the  State  of  Missisftippi ,  That  the  Auditor  of  Pub- 
lic Accounts  be  authorized  and  he  is  hereby  direc- 
ted to  issue  liis  warrant  on  tlie  Treasurer  of  the 
State  for  the  sum  of  ninety  dolhirs  and  forty  cents  in 
favor  of  0.  W.  Shipp,  of  Calhoun  county,  the  sum 
being  the  amount  paid  to  the  State  by  the  said 
0.  W.  Shipp  for  certain  land  to  which  the  State 
had  no  title,  to-wit :  Lot,  number  thirteen,  of  sec- 
tion number  twenty  six,  township  number  twenty 
three,  of  range  number  eight  ,*  the  south-west  quar- 
ter of  northeast  quarter  of  section  number  thirty- 
five,  township  number  twenty-three  of  range  num- 
ber eight. 

Sec.  2  Be  itfurthrr  enacted,  That  this  act  take 
effect  from  and  after  its  "passage. 

Approved,  December  Ki,  1861. 


CHAPTER  CXYII. 

AN  ACT  authorizing  the  Auditor  to  issue  his  warrant  on 
the  Treasury  for  seventy-one  dollars  and  sixty  cents,  in 
favor  of  Jackson  Gas  Light  Company,  for  balance  due  on 
Chandalicrs  and  fixtures  furnished  the  State  Capitol. 

Section  1.  Be  it  enacted  by  thr  JjCgiJi- 
}/aiure  of  the  State  of  Missmippi,  Tliat  the  Audi- 
tor bo  authorized  to  isste  his  warrant  for  seventy 
one  dollars  and  si.^cty  cents  in  favor  o^  Jackson 
Gas  Light  Company  for  balance  due  on  Chjinda- 
lierB  and  fixtures  furnished  the  Capitol. 


130  LAW*  OF   mSSISSIPFT 

Sec.  2.  Be  it  further  enacted.  That  this  act 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

ApproTed  December  16,  1861. 


CHAPTER  CXVni. 

AN   ACT  lor   the  relief  of  Thuimis'S.  Parkt-r  of  Clarke 

v'ounty. 

Section  1 .  Be  u  r/,<An':d  i-y  t/i<.  Xt>; <.>■<< t/u/t  ,,ft/u 
State  of  Mississip]jl,  That  the  Auditor  of  Pablir 
Account?  is  iiereby  directed  to  issue  his  warrani 
on  the  Treasury,  payable  out  of  any  money  nor 
Otherwise  appropriated,  lo  Thomas  S.  Parkel',  of 
Clarke  county  tor  the  sum  of  twenty-five  dollars, 
it-beitig, the  reward  paid  by  said  Parker  "an  Sheriff". 
'tfec,  for  the  apprehension  of  one  Riley,  who  ib  now 
coniined  irlthe  Penetentiary,  and  '^vho 'broke  jail 
after- his  conviction  :  and  that  this  acjt  fake  (Effect 
from  its  passage.  '  ..,..•■  t  ..     ,,,...■ 

Approved;  •  Decdmijei'  16.  l'8'->  1 : 


CHAPTER  CXJX. 

AN  ACI^  to  reduce  the  taxes  of  Hancock  o6»nty.  and  for 
other  purposes. 

Section  I.  Be  it  enacted  by  the  Legislature  of  Ifu 
State  (f  Mismsii^])x,  That  hereafter  the  inspectors, 
Clerks  aod  returning  ofiicei-i?  of  election  of  Han- 
cock county  shall  not  receive  anything,  for  such 
Kervicesasnow  provi<led  by  law. ^  > 

Sec.  2.  l?e  it  further  enacted,  That  the  petit 
and  grand  jurors  summoned  for  the  term  to  the 
Circuit  Courts  of  Hancock  county,  shall  receive 
one  dollar  nnd  fifty  cents  per  diem,  instead  of  two 
dollars. 

Sec.  '6.  Ik  it  further  enacted.  That  this  act  take 
effect  and  be  in  force  from  andaftcr its passagie. , 

Approved  December  16, 1861. 


LAWS   01     MISSTSSIPPI.  181 

CHAPTER  CXX 

AN  ACT  to  provide  lor  the  defraviug  the  Fuiu-taI  i^-xpenses 
of  the  late  Col.  I).  K.  Burt. 

Action  I.  Ik  it  vnaclcdby  iHe  Legislature  of  ike 
SloU  ofMiasisnipp'u'VXi^i  the  Sum  of  one  hundred' 
and  ciirhly-six  dollni-:^  and  forty  coiits  \)(\  and  iho 
H;\me  is  hereby  approprialod  oul  ot  any  money  in 
ihe  Treasury  uot  utlii-rwii-oaj^propriated  to  defray 
ihoftuicral  ox|jen>e-<  uf  the  !atc  Col.  E.  R.  Burt, 
and  the  Auditm  (irprihlie  Aoi-ouuts  "ue  and  he  is 
hereby  rcquerted  t<>  diaw  hi>  warrant  on  T'h'O 
Treasury  IV>r  said  iiMnuidi  in  fnvor  <•'"  H.  N. 
liarroNVf.. 

Sec.  L  Br  it  J'nrlhi  r  nuir/nl.  That  thi^  act  take 
♦  'ffect  and  be  in  force  from  and  after  its  |»ay>^a'_'"f. 

•A  pprrtvcd .  Dccenil  km-   1 1> .  1 8  <  •  I . 


('HAI'TER   CXXl. 

AN  ACT  to  amend  an  act  entitled  au  act  to  regulate  the 
laying  out  and  workintj  of  roads,  the  establishment  of 
fem'e^,  and  tho  er'^'tion  i>l  liridprc?,  approved  the  llth 
February  185'^ 


Skction  1.  Jkif  ''ni.i'frd  /i;f  (he  [xecidru:  fi  of  th(. 
Sfo.fe  of  .Vmissipiti,  Tiiat  the  *Jlst  article,  section 
1,  of  the  loth  chapter  of  the  Revit'ed  Code,  be  and 
the  same  is  hereby  so  amended  ne  to  require  tlie 
-cveral  Justices  of  the  Peace,  to  whom  a  livSt  of 
'lefaultcrs  referred  to  in  .^aidjirticlemay  be  return- 
ed whenever  the  amount  of  the  fines,  or  j^enalties, 
shall  exceed  tlie  jurisdiction  of  a  Justico  of  the 
Peace,  to  certify  and  return  said  list  to  the  Dis- 
trict Attorney  of  his  District.  Avho  .-.hall  inptitutc 
suit  thereon  in  the  Circuit  Court,  \vhich  suit  shall 
l>e  prosecuted  in  other  respects  according  to  the^ 
provision?  of  the  act  to  which  this  ^^-  n^-  rtmend- 
ment. 

Set,  2.  Beit  fvrt  her  enacted,  Tbai  ihii  act?liTill 
takf!  effect,  and  be  in  force  from  and  after  its  pa*- 
fage. 

Approved,  December  10,  1801. 


# 


CHAPTER  CXXIl, 

AN  ACT  for  the  relief ofW.  H.  Browninpand  Thomas  \V 
Deason. 

Whereas,  VV.  H.  Brownin^^^  and  Thoma:?  ^V^ 
Deason  did  on  the  '28d  day  of  January,  A.  D.  185ft 
purchase  from  tho  Auditor  of  public  Accounts  the 
following  lands,,  situate  in  the  county  of  Issaquena, 
to-wit,:  the  south  west  quarter  and  west  half  south 
east  quarter,  section  eighteen,  township  thirteen, 
range  seven  west,  at  and  for  the  sum  of  eighty-nine 
dollars  and  sixteen  cents,  and  received  a  deed 
from  said  Auditor  in  which  the  State  of  Mississippi 
covenanted  to  refund  to  said  Browning  and 
Deason,  the  said  sum  of  money  in  case  they  were 
evicted  by  some  regular  proceeding  in  a  court  of 
competent  jurisdiction,  within  five  years  from  the 
date  of  said  deed  ;  and  whereas,  thes  id  Browning 
and  Deason  have  been  so  evicted  ;  therefore. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississipjn,  That  the  Auditor  of  Public 
Accounts  be,  and  he  is  hereby  directed  to  issue  to 
said  Browning  and  Deason,  or  their  Attorney  a 
a  warrant  on  the  Treasury  for  said  sum  of  eighty- 
nine  dollars  and  sixteen  cents,  and  that  this  act 
take  eflfect,  and  be  in  force  from  and  after  its 
^      passage. 

Approved,  December  11,  1861. 


CHAPTER  CXXni. 

AN  ACT  for  the  protection  and  defense  of  the  Sea- Coast  of 
the  State  of  Mississippi. 

Section  1.  Be  it  enacted  Inj  ike  LegislcUnre  of 
the  State  of  Mississippi,  That  the  sura  of  two  hun- 
dred and  fifty  thousand  dollars  be  and  the  stirae  is 
hereby  appropriated,  out  of  any  money  or  Treasu- 
ry notes  heretofore  authorized  to  be  issued,  not 
otherwise  appropriated,  to  be  used  and  expended 
for  the  purpose  of  building  or  procuring  light 
draft  Gun-BoatR,  propelled  by  steam,  and  of  mann- 


UWS  or  MIR8I«SIPPt,  i8i 

ing,  arming  and  equipping  the  same  for  the  defense 
of  the  Sea-Cost  of  this  State,   iu  such   raannei>as  « 
the  Governor  shall  order  and  direct. 

Sec.  2.  Bt  it  further  cnadcd,  That  the  said  suiu 
of  two  hundred  and  fifty  thousand  dollars  he,  and 
the  same  is  hereby  placed  under  the  control  of  the 
Governor  of  the  State,  who  shall  immediately  pro- 
ceed to  carry  into  full  eflect  the  design  and  objects 
contemplated  in  tho  first  section  of  this  act,  and 
that  said  Governor  shall  have  full  powers,  and  it 
shall  be  his  duty  to  have  such  steam  gun  boais 
built  or  procured,  manned,  armed  and  equipped 
and  put  in  active  service,  on  said  Sea-Coast,  in  the 
shortest  possible  time  ;  and  for  that  [>nrpose  he 
shall  have  power  to  appoint  and  emph-ty  such 
commissioners,  as  he  shall  deem  proper  ;  and  when 
so  appointed,  they  shall  at  all  times  be  under  nnd 
subject  to  his  orders  and  direction,  and  they  or 
any  of  them,  may  be  removed  at  his  pleasure,  and 
others  appointed  in  their  stead,  as  he  may  judge 
most  advisable  for  promoting'the  ends  designed 
by  this  act. 

Sec.  3.  Be  if  fu/t/ter  endcfcc/,  That  this  act 
r^hall  take  effect  ami  bo  in  force  from  and  after  its 
passage. 

Approved.  December  10,  IbOl. 


CHAPTER  CXXIV. 

AN  ACT  to  amend  the  law  of  evidence  in  criminal   cases. 

Section.  1.  Beit  enacted  by  the  Legislature  c/f 
tfie  State  of  Mississippi,  That  when  two  or  more 
persons  are  joined  in  one  indictment,  the  Court 
shall  on  application  grant  a  severance  and  permit 
them  to  be  tried  separately,  and  each  shall  then  be 
a  competent  witness  for  the  ether,  as  well  as  for  the 
State,  and  the  Court  and  jury  shall  give  such 
weight  to  the  testimony  of  such  witness,  as  in  view 
of  his  or  her  situation,  they  may  consider  it  fairly 
entitled  to. 

Sec.  2.  .find  he  it  further  enacted.  That  this  act 
^hall  be  in  force    from  and  after  its  jiassage. 

Approved.  December  19.  1861. 


\y  [  LAV.S   OR  MISSIS^:!  ;^j, 

CHAPTER  CXXT. 

AN  ACT  to  prohibit  the  assessment  and  collection  of  taxes 
,  on  Bowie-knivos,  Sword-canes  and  Dirk-knivcs. ... 

Section  I.  Be  it  enacted  by  th  Legislature  of  V& 
State  of  il//s6/6vsipp?,l'hat' it  shall  not  be  lawful 
for  any  Sheriff  or  Tax-Collector .  to  collect  from 
any  tax  payer  the  tax  heretofore  or  hereafter, 
-  assessed  upou  any  bowie-knife,  sword-cane,  or  dirk- 
knife,  and  that  hereafter  the  owner  of  any  bowib- 
knife,  sword-cane  or  dirk-knife,  shall  npi  be  .re- 
quired to  give  in. to  the  tax  assessors  eitlicr  of  the 
aforesaid  articles  as  taxable  property,  nny  law  to 
the  coDtrary  notwithstanding.    . 

Sec.  2.  Be  it  further  enacted,  That,  this  act  be 
in  force  and  take  effect  from  anc)  aftrr  ire:  pnssage. 

Approved,  December  10.1861. 


^HAPTEE  CXXyi. 

AX    ACT    to   iiiuond    the   laws    in    rt'latioi)    t.o    tlic    Stiite 
University. 

Section  1.  Be  UenacUd  by  Ihc   iA:gislaiure  of 
Q^^^^^^^.fh^  State  of  Mississippi,  That   the  Si  ate   Univer- 
tees.  sity  at  Oxford  shall  hereafter  be  ujader  the  control 

and  management  of  a  Board  of  Tru^rtees    thirteen 
in  number,  of  wiiom  the  Governor  of  the  S  ate  %r 
the  time  being  shall  be  one,  and  shall  be  the  Pre- 
sident of  said  Boai^d;  in  the  absence  of  the  Governor 
a  President  pro  tein.  shall  be  elected  by  the  Trustees- 
from  among  their  number  present.  The  remaining, 
twelve:  Trustees  .-hall  be  chosen  by  a  joint  conven- 
tion of  the  two  Houses- of  the  Legislature  during' 
its  present  session.     '         ......      .     .    .  -■     ■ 

Sec..    2.    Be    it    fwiher^   enacted,    That   the 

said  Trtistees  when  elected  shall  be  notified  by  -the 

Tenure  of  Governor  to  assemble  at   the   University   at  an 

office     of  early  dav,  to  be  fixed  upon  by  him,  and  when  so 

trustees,     assembled  they  shnll  proceed  to  dcvide  the  twelve 

Trustees  so  elected  by  lot,  into  three  equal  classes 

.and  thememVjcr?  of  the  first  class  shall  hold  their 


LATTS  OF   MISSISSIPPI,  13iS 

office  for  the  term  of  t.-wo  yeavo   irom  the  clay  ol 

their  election,  those  of  the  second  class  four  years 

and  those  of  the  third  class   six   years,   and   four 

Trustees  shall  bo  chosen' by  the  Legislature  in  joint 

convention  at  every  regular  ses'*<io'n   to  su|:Tply  tlu> 

places  of  the  class  who.-c  term  is  about  to  expire. 

•    Sec.  3.    Be  if.    further  enacted.   That  varancios 

iu  said   Boai'd.  iiappening   in    the  reces3    of  the  0.  vacan- 

•  Lcp;islatnro  by  nou-atceptalice.  death,  resignation,  ^'<''^' 
-  removal  from  the  Stat6or  otherwise,  t'hall  be  filled 

•  by  the  remaining  Trnsteii',  by  election  to  continue 
'until  the  end  \jf  the   next  regular   session    of  the 

Legislature,   the  vacancy    or   vacancies  shall   be 
.  tilled  h-y  the  Le*;islaturc  in  t}ie  mode  above  direc- 
ted, at  \)aq  session  succeeding  the  same.'     '. '  '  '  • 

Seq^  4.  Be  it  furfhcr  aHtdted.  That  the  Jioani 
of  Trustees 'Created  in  pursuance  of  tliisi  act;  shall  1't>wers  oi 
posses?  all  the  powers  vested  in-  the  present  Board  ^"^^^^^^• 
of  Trustees  of  said  University,  and  it  shall  be 
their  duty  to  present  to  the  Legislature  at  tht- 
commencement  of  cacli  regular  session  a  full  report 
of  the  operation  and  eonditioh  of  the  University 
and  a  detailed  statement,  of  all  ex|)enditures  of 
■  money  on  account  thereof,  and  nlso  to  recommend 
such  measures  as  they  nifty  think  necessary  for 
the  interest,  improvement  and  efficiency  thereof 

kSEC.  5.  Be  it  further  unaclccJ,  That  nil  laws  in 
conflict  vritli  the  provisions  herein  contained   are 
•hereby  I'epealed,  and  tliaf,  this  act  phall  take  effeci 
from  its  passage. ' 

Ay^in-ovc'd.  f)«>(»<>n,lM<r  10.  ]Si\\. 


CILVPTER    .CXXVli. 

AJsT  ACT  for  tlie  leHef  of  tlio  Register  and  llcceivcr  of   tlic 
T;^ivl  Dftici-  :•(  Washington,  Mississippi 

\ViiKRKA>.  J>\  an  iMdinnnce,  passed  by  llic  Uou- 
veiition  of  the  Slate  of  Miss-issippi,  dated  the  2(Uh 
day  of  Jnnuary,  1>^(»|,  rntitled  an  ordinance  snp 
"plcmental  to  an  ordinance  entitled  an  ordinance 
concerning  the  jurisdiction  and  property  of  the 
UnifrfT  ^fntf'^  of  A-morir-ir  in  the  Pfnte   of   "Missis- 


1H6  r.AWB  OF   MJfcSIBSlLPPr. 

sippi,  passed  on  the day  of  January,  1861, 

authorized  and  required  the  Registers  and  Receiv- 
ers of  the  several  Land  Offices  in  this  State  to 
perform  all  the  duties  of  said  offices  as  therein 
directed  ;  therefore 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  Receiver  of  the 
above  named  land  office,  be,  and  he  is  hereby 
authorized  to  pay  the  salaries  and  commissions 
now  due  or  which  may  hereafter  become  duo  the 
Register  and  Receiver  of  said  office  out  of  any 
money  in  the  hands  or  possession  of  the  said 
Receiver  at  the  date  of  the  ordinance  of,  secession 
of  said  State. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  December  4, 1861 . 


CHAPTER  CXXVIIl. 

AN  ACT  to  provide  for  the  payment  of  Iho  Confederate 
States  Tax. 


Governor       SECTION  1.   Be  it  enacted  by  the  Legislature  of 
authoriz'd  fhe  State  of  Mississippi,  That  the   Governor  of 
to  borrow  ^}jq  State  be  and  he  is  hereby  authorized  to  borrow 
money.      ^^  ^-^^q  credit  of  the  State,  a  sum  sufficient  to  pay 
the  taxes  assessed,  or  now  in  process  of  assessment, 
against  the  citizens  of  this  State,  under  and  by 
virtue  of  an  act  of  the  Congress  of  the  Confederate 
States,  entitled,  an  act  to  authorize  the  issue  of 
Treasury  notes,  and  to  provide  a  war  tax  for  their 
redemption,  approved  August  19th,   1861,  and  to 
apply  the  same  to  the  payment  of  the  said  taxes,  as 
provided  in  the  twenty  forth   section  of  the  said 
act ;   the   Governor  is  authorized  to  borrow   tho 
said  sum  in  any  funds  receivable  by  the   Confeder- 
ate States  in  payment  of  said  taxes. 
Certifl-      Sec  2.  Be  it  further  enacted,  That  the  Trea- 
cates     of  surer,  under  the  direction  of  the  Governor,  is  here- 
stock,        by  authorized  to  cause  to  be  prepared  certificates 
of  stock,  or  bonds,  none  of  them   to  be  of  a  lesp 


LAWg  OF  MISSISSIPPI.  1'61 

denomination  than  fifty  dollars,  for  the  amount  to 
be  borrowed  as  aforesaid,  to  be  signed  by  the 
Treasurer  and  Auditor  of  Public  Accounts,  bear 
ing  interest  at  eight  per  cent,  per  annum,  payable 
semi-annually,  at  the  State  Treasury  and  the  ju'in 
cipal  to  be  paid  at  such  time  as  the  Governor  may 
deem  expedient,  and  the  faith  of  the  State  of  Mis- 
sissippi is  hereby  pledged  for  the  due  payment  of 
the  principal  and  interest  of  the  said  certificates 
and  bonds. 

Sec.  3.  Br.  it  further  vnactcd,  That  the  said  Bonds  ne- 
certificates  and  bonds  shall  be  negotiable  under  ^otiable. 
such  regulations  as  the  Treasurer,  with  the  appro- 
bation of  the  Governor,  may  establish,  and  they 
shall,  after  their  maturity,  be  receivable  in  payment 
ofany  money  due  to  the  State,and  any  officer  receiving 
any  of  them  in  payment  of  public  dues  shall  endorse 
thereon  the  date  of  such  receipt,  and  the  amount 
of  interest  then  due  and  sign  his  name  thereto,  and 
the  interest  shall  cease  from  that  date. 

Sec.  4.  Be  it  further  enacted,  That  the  Auditor 
and  Treasurer  shall  keep  separate  and  full  accounts  Accounts 
of  the  number,  date,  and  amount  of  the  certificates,  ^^^  ^^^pt. 
and  bonds,  by  them  respectively  signed,  and  they 
shall  keep  similar  accounts  of  all  the  said  certificates 
and  bonds  redeemed,  as  the  same  shall  be  return<?d 
and  cancelled,  and  the  Governor  shall  report  to 
the  Legislature  at  its  next  session  a  staterai-nt  in 
detail  of  his  proceeding?,  and  the  rate  at  which 
the  loans  may  hare  been  made  and  all  the  ex})enseF 
attending  the  same. 

Sec.  5.  Be  it  further  enacted,  That  for  the 
purpose  of  providing  for  the  payment  of  the  in-  I^utyot 
terest  on  the  said  loan  it  shall  be  the  duty  of  the  collectors^ 
tax  collectors  of  the  several  counties  of  this  State, 
in  every  year  commencing  with  the  present  fiscal 
year,  to  collect  from  every  tax  payer  in  his  <i6unt} , 
in  the  manner  county  taxes  are  required  to  be 
collected,  an  additional  special  State  tax,  to  be  ■ 

called  the  "Loan  Tax,"  of  one  fourth  the  amount 
of  the  regular  State  tax  for  the  time  being,  and  to 
pay  the  same  into  the  State  Treasury  sul)ject  to 
the  same  laws,  restinctions  and  penalties  that  apply 
to  and  regulate  the  collection  and  payment  of 
0thtr  St4to  taxeg,  and  th<i  amouut  of  such  special 


as  taxes. 


13.S  LAWS   Oi-^   MISSISSIPPI. 

tax  shall  constitute  a  special  fund  for  the  payment 
■of  the  interest  of  the  loan  authorized  by  this  act, 
and  shall  be  faithfully  applied  to  tliat  purpose  until 
such  loan'' shall  be  paid  and.satisfied,  at  which  time 
the  collection  of  the  said  tax  shall  cease. 

Sec.  6.  Be  i(  further  enacted^  That  the  Gov- 
Clauns  to  ernor  shall,  as  far' as  j)racticablc  procure  the  .settle- 
^L!?.":!^  Jiient  and  allo^vance  of  all  claims  of  the  State 
against  tlio  Confederate  States,  and  he  is  hereby 
authorized  to  use  and  apply  the  amount  thereof 
in  the  payment  of  the  taxes  assessed  as  aforesaid 
against  tiie  citizens  of  this  State,  and  he  shall  only 
borrow,  under  this  act.  so  much  as  may  be  neces- 
sary to  pay  the  residue  of  the  said  taxes. 

Sec.  7  Beit  furlher  enacted.  That  should  the 
Governor  be  unable  ta  obtain  the  full  amount  ot 
limds  necessary  to  enable  him  to  pay  said  Confed- 
erate taxes  by  the  1st  day  of  April,  1862,  ho  is 
hereby  required  to  forbid  by  procls-aation.  the  col- 
lection of  the  tax  imposed  by  this  8 'i. 

Sec.  8.  Be  U  furthir  enacted,  That  this  act  shall 
fake  effect  from  and  after  its  passa.ire. 

Appro vr-fl  "OeocM-n^ier  "20,   18R1. 


CHAPTER  CXXTX. 

AN  ACT  to  amend  an  act  entitled  an  act  to  incorporate  the 
Town  of  Canton,  and  to  repeal  all  former  acts  incorporat- 
ing the  same,  and  bU  acta  amendatory  thereof. 

Section  1.  Bt  U  enac'ed  by  (he  Legislature.  6f  tin. 
State  Of  Mississippi,  That  the  -ith  section  of  said 
charter  be  and  the  same  is  hereby  amended  by 
adding  %e  foUov/ing  proviso,  after  the  iirst  clause 
of  said  section  ;  Provided,  That  no  person  shall  be 
KegiKtry  entitled  to  vote  in  stiy  election  pertaining  to  said 
o|voter.s.  ,.Qi.pQJ^^^|i,,^^^  unless  his  name  shall  have  been  regis- 
tered with  the  Mayor,  in  a  register  to  be  kept 
among  the  books  of  the  corporation  for  that^iur- 
!K>se,  with  a  declaration  that  such  ])erson  is  or  in- 
lends  to  become  from  that  time  a  permanent  citi- 
zen of  said  corporation,  subscribed  by  him  ;  which 
bhall  be  done  at  least  four  months  before  the  elec. 


LAWS  OP  MISSISSIPPI.  13SJ 

tion  ;  but.  this  proviso  fehall  not  apply  to  those  who 
have  been,  and  now  arc  re-iident  citizens  of  the 
corporation,  as  to  the  next  annual  election  in 
March  next,  i      ,  '  ,,■    .    . 

Sec.  2.  Be  it  farther  enacted,  Tliat  tlie  lOlh 
nd  13th  sections  of  said  charter,  and  the  5th  sec- 
tion of  the  act  of  1S60,  chapter  394,  amendatory 
thereof,, be,  and  are  hereby  altered  andjimended  as 
follows:  That  the  Mayor  shall  hereafter  be  enti-  Fees  of 
lied  to  such  fees,  and  charges  for  official  ccts  as  are  Mayor 
allowed  to  Justices  of  the  Peace  by  the  laws  of  the  *"*i  ^^*''" 
State  for  like  services,  and  no  more  ;  and  that  the 
Mar.'^hal  shall  be  entitled  to  such  fees  and  charges 
as  are  allowed  for  such  acts  and  like  services  to 
(Constables  by  the  laws  of  this  State,  and  no  more; 
Itiit  the  Marshal  shall  receive  for  his  services  as 
assessor  and  collector,  a  further  sum  not  to  exceed 
in  any  one  year  two  and  a  half  per  centum  upon 
the  amount  of  tlie  assessment,  for  his  services  in 
nssessing,  and  two  and  a  half  per  cent,  upon  the 
amount  of  taxes  actually  collected,  for  his  services 
in' collecting  the  same  ;  and  in  addition  to  those  fees, 
the  Mayor  and  Marshal  shall  each  receive  a  salary 
per  annum  not  exceeding  the  sum  of  one  hundred 
dollars  ;  and  the  corporation  shall  not  be  respon- 
sible for  any  fees,  costs  or  cliargcs,  of  the  Mayoi- 
nr  Marshal  in  any  suit,  prosecution  or  proceeding 
at  the  instance  or  on  behalf  of  the  corporation, 
which  shall  be  dismissed,  or  decided  against  the  cor- 
poration, or  which  shall  in  any  other  way  fail,  or 
when  the  money  due  the  corporation  shall"  fail  to 
be  made  ;  nor  for  any  other  charges,  fees  or  costs 
against  the  corporation  in  behalf  of  the  Mayor  or 
Marshal. 

Sec.  8.  Be    U   fvrthcv  enacted,  That  the    Uth  ^ 

section  of  said  charter  be  and  the  same  is  hereby  i4th™s«;- 
amended  so  that  the  Mayor   and   Selectmen  shall  tion. 
have  no  power   to  us6  or  appropriate  any  of  the 
money  or  funds  of  the  corporation  for  any  other 
purpose  than  to  the  proper  and   direct  objectr.  ,cf 
the  act  of  incorparation. 

Sec.  4.  Be  it   further  enacted.  That  the    19th 
section  of  the  charter  be  and  th6  same  is  hereby      Section 
10  amctded  as   to   avtVorize  the  rorporntion   to  l^tVi. 
»pccify  what  persocB  shall  be  siit^oct  to  putioi  duty 


140  LAvra  OP  jussiswppi. 

within  its  corporate  limits,  and  what  persons  shall 
be  exempt  therefrom,  whether  subject  to  patrol 
duty  or  not  under. the  general  patrol  law  applica- 
ble to  the  Boards  of  Police. 
,  Sec.  5.  Be  it  further  enacted,  That  the  meet- 
offi  ^^^^  ^^  ^^^^  Board  shall  be  held  in  the  room  in  the 

Court  House  used  for  the  grand  jury,  and  the 
Mayor  shall  hold  liis  Courts  and  sittings  in  the 
Court  room  of  the  Court  House  unless  when  the 
Circuit  Court  shall  have  the  same  in  use,  at 
which  time  he  shall  hold  his  sittings  in  the  grand 
jury  room,  but  so  as  not  to  interfere  with  the  grand 
jury. 

Sec.    6.  Be  it  further  enacted,  That  the  Mayor 

and  Selectmen  shall  each  be  entitled  to  one  dollar 

8  T"^'  ^°^  attending  each  session  of  the  Board  ;  Provided, 

a  ion.  rpj^g^j,  jjQi^jje^.  ii^Q  Mayor  nor   any  Selectman   shall 

be  entitled  to  or  receive  more  than  six  dollars  per 
quarter  for  his  quarterly  compensation  for  attend- 
ing said  meetings. 

Sec.  7.  Be  it  further  enacted.  That  there  shall 
Taxes  be  collected  only  one  eighth  of  one  per  cent,  upon 
limited,  the  value,  as  now  assessed,  of  the  real  and  person- 
al property  within  said  corporate  limits  subject  to 
'  taxation  under  the  first  clause  of  section  19th  of 
the  said  charter  and  the  second  section  of  the  afore- 
said act  of  1860 ;  and  that  the  collection  of  all  un- 
paid taxes  assessed  for  the  current  year  be,  and 
are  hereby  suspended  until  the  first  day  of  May 
next;  and  that  hercaiter  the  rate  of  taxes  to  be 
levied  and  collected  from  the  property  specified  (y 
referred  to  in  this  section  shall  not  exceed  the  rate 
of  one  eighth  of  one  per  centum  ad  valorem  thereof, 
and  that  all  taxes  of  property  shall  be  uniform 
upon  its  value ;  and  no  tax  shaH  hereafter  be  laid 
upon  any  slave  for  labor  on  the  streets,  and  that 
no  specific  tax  upon  any  white  person  for  such 
labor  shall  be  laid  to  exceed  two  dollars  for  ant 
one  year  upon  each  such  white  person. 

Sec.  8.  Beit  further  enacted.  That  the  Mayor 
nnd  Selectoen  ehall  have  no  power  to  have  the 
proceedings  and  minutes  of  their  Board  published 
m  aay  feew8psi«(^  oi^  otherwisoj  at  tlio  etpeUse  of 


LAWB  op  UISilBBIPPI.  14 1 

and  prorisions  of  the  original  charter,  and  amend- 
ments thereto,  and  of  the  ordinances  of  said  cor- 
poration inconsistent  witli  tho  above  premises  be, 
and  are  hereby  repealed. 

Sec.  10.  Be  it  further macted.  That  this  act  shall 
be  in  force  from  and  after  its  passage. 

Approved  December  19,  1861. 


CHAPTER  CXXX. 

AN  ACT  to  legalize  the  Assessmont  of  Taxes  for  ths 
year  1861 . 

T^HEREAS,  by  the  existing  law,  Assessors" of  Tax- 
es are  reqnired  to  deliver  their  assessment  rolls  to 
tlie  Clerks  of  the  Probate  Courts  of  their  respec- 
tive counties,  on  or  before  the  first  day  of  October, 
and  whereaf,  the  Boards  of  Police  are  required  to 
hold  a  meeting  on  the  first  Monday  of  'November 
to  examine  and  receive  them,  and  to  cause  them, 
when  approved,  to  be  certified;  and  whereas,  the 
Assessor  and  Boards  of  Police  in  many  counties 
have  failed  to  comply  with  said  requisitions  within 
the  time  limited  by  law,  tliereforo, 

Section  1.  Be  if  enacted  bj/  the  Legislafvre  of  the 
State  of  Missisftipjv,  That  the  Assessor  of  Taxes. 
Boards  of  Police  and  Clerks  of  Boards  of  Police 
shall  be  allowed  to  certify  and  return  their  assess- 
ment rolls  to  the  Auditor  of  Public  Accounts  at 
any- time  before  the  first  day  of  February,  1862, 
and  that  the  assessment  of  taxes  made  and  certified 
in  pursuance  of  this  act  shall  be  deemed  and  held 
as  valid  and  binding  as  if  they  had  been  made  and 
certified  according  to  the  provisions  of  law  here- 
tofore existing ;  and  upon  filing  their  rolls  so  cer- 
tified, the  Auditor  ehaU  issue  his  warrant  to  ?aid 
Assessors  for  the  amount  of  their  fees. 

Sec.  2.  P*  it  further  enacted, '  That  the  provi- 
sions of  tl^is  act  sliall  only  extend  and  apply  to  the 
assessniciiT  of  taxes  for  the  year  18»il,  and  that  this 
act  sh^ll  lake  <?ffoct  and  V-e  \>\  force  from  and  after 
itft  pt^Ba^e. 


142  LAWS   OF    MrSSISSIPPI. 

CHAPTER  CXXXI.     . 

AN  ACT  to  provide  for  Indexing  the  Papers  in  the  Probate 
OflBcesof  Lauderdale  and  Warren  Countips  and  for  other 
purposeH. 

SKOTiON  I.  Be  it  eno/:ted  by  the  Legislature  of 
the.  State  of  Mississippi.  That  the  Board  of  Police 
of  Lauderdale  county  be  authorized  to  make  an 
appropriation  to  tlie  Clerk  of  the  Probate  Court 
of  said  county,  for  the  purpose  of  baying  an  index 
book  or  books  as  may  be  necessary  for  indexing 
the  papers  in  said  Probate  Office. 

Sec.  2.  Be  it  further  enacted.  That  the  Clerk 
of  said  Probate  Court  may  proceed,  under  order 
of  ^aid  Board  of  Police,  to  index  and  file  the 
papers  in  said  office,  in  proper  form  ;  and  from  time 
to  time,  hereafter,  whenever  necessary,  such  clerk 
shall  continue  to  perform  such  services  ;  and  that 
flie  Board  of  Police  of  said  county  may  make  an 
appropriation  to  said  clerk  for  services  thus  ren- 
dered, in  filing  and  indexing  said  paficrs :  Provided, 
.said  Board  shall  have  pcnver  to  order  said  work  to 
be  done  or  not.  as  in  their  discretion  seem  best. 
Extended  Sec,  ?>.  Be  it  furthf^r  enacted.  Thnt  the  provi- 
to  War-  ^ioj^j,  pf  ^}jjg  a(3t  be  and  the  same  are  liereby 
extended  to  the  County  oP  Warren. 

Sec.  4.  Be  it  further  enacted.  That  this  act  take 
effect  and  be  in  full  force  from  and  after  its  pas- 
sage. 

Approved.  December  19.   1801. 


CHAPTER  CXXXII. 

AN  ACT  to  abolish  the  Military  Board  of  this  State.  - 

SECtiOK  L  Be  it  eimcttd  hy  the  Legislature  of 
tht  State  of  Mississippi,  That  so  mucn  of  an  or- 
dinance adopted  by  the  State  Convention  on  Janu- 
ary the  23d,  1S61,  that  constitutes  a  Military 
Board,   defines  its .  powers,  and  alleys  pay  to  the 


ren  Coun 


I,AWS   VF  MISSISSIPPI.  14;- 

inembers  of  said  board,  be  and  the  same  is  hereby 
repealled. 

,"^EC.  2.  lie  it  fvrtler  enaded.  That  this  aol  lake 
olVect  and  be  in  force  from  and  after  its  jpassaue. 

Approved.  Deeembor  20.  I8<)1. 


.  wWnVM   GXXXIll. 

AN    A<")'   Ki  re;j;ulatc  llju   payment  of  •■Ttniu   Money   into 
ibo  State  Treasun  . 

Sectiox  1,  he  it  enac.led  by  ,'he  Lfgialature  of 
the  State  oJ\Missis^ijji>i.  That  when  any  taxes  shall 
be  paid  to  the  Aiidib>r  in  pursuance  of  the  thirty- 
second  article  of  the  third  chapt'>r  of  the  Revised 
<-'ode,  «.?DtitIed  '■  An  act  in  relation  to  the  public 
reveuue,"  it  shall  be  the  duty  of  the  Auditor, 
forthwith,  to  pay  tlic  same  into  tbc  State  Trcasui'v, 
issuing  his  recci]>i  warrant  in  the  manner  required 
by  law,  and  he  shall  ietuo  to  the  lax  collector?,  at 
the  time  they  make  their  settlements,  a  warrant 
ou  the  treasury  for  the  amount,  of  county  taxes 
collected  by  him,  which  shall  bo  drawn  by  the 
collector,  or  retained  out  of  the  money  in  his  hands 
and  to  the  State,  and  shall  be  pai^)  by  Tiim  to  tho 
Troasurer"of  the  proper  county. 

Sec.  2.  Be  it  fi/rt/ier  enactecl  That  it  ?^hall  nol  ^y . 
l->e   lawful  for  the    Auditor  of  Pifblic   AccounK^,  j^^^^.  ^*^]^_ 
i^ecretary  of  .State,   or   Treas'-rer,   to  cash   any  ed. 
warrants  on    the   treasury,  or  any  other  claim   oi" 
demand  ag-ain.-t  the  .*^tate.  out  (»:"  any  money  in  hi'^ 
or  their  liauds  belongin,^'  to  the  ■State,  but  all   hucIi 
money  shall  be  regularly  ])aid  into  the  treasury,  in 
the  manner  prescribed    bylaw;    and  t<hall  be  dis- 
Vturt-ed  by  the  Trea.^ui'er  u]>on  v.^rrants    regularly,  , 
issue<1,  or  otherwise  as  the  law  may  dire4'.t, 

i^izc.  :3.  Be  it  further t'nnricd.  That  the  Auditor 
of  Public  Accounts,  ^^ecretarv.,!  State,  ai.d  Trea-  r"'f>'  '" 
•surer,  reeeivnjg  any  jnoney  whioli  by  law  ought,  to  i^eil 
l>e  paid  into  the  Miitf.  Treasui*-.  .--.liall  within  oin- 
day,  Sunday,  excepted,  after   t!ie  receipt  of  sueli. 
money,  pay  the  same  iut^»  the  State  Treasury  in 


144  Laws  of  Missrsafppi. 

pursuance  of  law,  and  shall  not  deposit  the  sanio 
with  any  other  person  or  in  any  manner,  use,  em- 
ploy or  loan  the  same  without  exp:re3s  authority 
of  law. 

Sec.  -J.  Be  it  further  enacted,  That  any  person 
^^  Penalty  ^gi^g  Auditor  of  Public  Accounts,  Secretary  of 
tjon.  *'  State,  or  Treasurer,  who  shall  violate  any  of  the 
provisions  of  this  act  shall  be  liable  to  indictment, 
and  on  conviction,  shall  be  fined  not  exceediug  five 
thousand  dollars,  nor  imprisoned  in  the  Peniten- 
tiary  not  exceeding  five  years,  or  both,  and  shall  bo 
removed  from  office :  and  that  any  person  who 
shall  commit  any  of  the  oflfeuces  defined  in  the 
eighty-fifth  article  of  the  sixty-fom-th  chapter  of 
the  Revised  Code,  entitled  "An  act  to  provide  for 
the  pmiishment  of  crimes  and  misdemeanors,"  shall 
in  addition  to  the  punishment  prescribed  by  said 
article,  be  removed  from  office. 

Sec.  5.  Beit  furtJier  enacted,  That  this  act  shall 
take  effect  in  ten  days  from  and  after  ats  passage. 
Approved,  December  19,  1861. 


CHAPTER  CXXXIV. 

AN  ACT  to  prevent  unreasonable  speculation  in  certain 
commodities. 

Section  1.  Be  it  enacted  by  the  Legisktiure  of  the 
State  of  Mississippi,  That  if  any  person  or  persons 
shall  buy,  or  shall  combine  or  agree  to  buy,  any 
stock,  victuals,  or  any  other  commodity,  in  view  of 
an  existing  scarcity  of  such  artilce  or  commodity 
in  the  market,  or  with  intent  to  produce  such 
scarcity,  or  with  intent  to  hold  the  same  until  such 
scarcity  shall  occur;  so  that  by  reason  of  such 
scarcity,  a  liigher  price  may  he  obtained  for  such 
article  or  commodity,  the  person  or  -persons  so 
offending  shall  be  liable  to  indictment,  and  on 
conviction,  may  be  punished  by  fine  not  exceeding 
one  thousand  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  one  year,,  or  by  both 
such  fine  and  imprisonment ;  and  by  the  word  ma-rr 
ket,  in  this  act,  is  meant  not  only  places  i7her« 


LAWS  OF  Missrssippr.  '  145 

live  stock,  victuals,  or  coinmodities.  are  brought 
together  for  sa^e,  but  auy  place  in  town   or   coun- 
try, where  such  things  are  |)ro(hiced,   or  sold,   or 
"wanted . 
Approved,  December  2(\  isiil. 


CHAPTER  CXXXA^ 

AN  ACT  to  aid  in  arming  and  cquipi)ini»  the  Cavalry  Com- 
pany o!  Capt.  J.   T.  Mcliee 

Section  1 .  H<'  it  enacted  by  the.  Legislature  of  the 
Stc'fo  of  M' <i>^yii)pi.  That  the  Governor  of  the 
State  be  aid  he  is  hereljy  authorized  to  cause  to  be 
issued  to  (?ai)t.  John  T.  McBoc  the  sum  of  five 
thousand  dollars,  of  the  Treasui-y  Notes  authorized 
to  br  issued  in  the  purchase  of  Arms  and  equip- 
ments of  volunteers,  authorized  to  be  issued  by  the 
Convention,  or  any  other  nioueys  iu  the  ti-easury 
not  otherwise  appropriated,  Provided,  that  Capt. 
J.  T.  McBee  shall  give  his  bond  to  the  Governor 
in  the  sum  of  twenty-five  hundred  dollars,  condi- 
tioned fo  the  faithful  appropi'iation  of  the  funds 
to  the  purpose  contemplated  by  this  act ;  And  pro- 
vided oho,  that  the  said  ]\[cBee  shall  be  authorised 
to  apply  for  ard  receive  the  same,  that  he  and  his 
compf  ly  oi  c  valry  shall  be  nnistered  into  the 
military  sc  -vice  of  the  State  or  the  Confederate 
States  for  at  least  tAvelvc  months. 

Sec.  2.  Be  it  further  enacted,  That  the  Auditor 
is  hereby  authorized  and  required  to  issue  his  war- 
rant on  the  treasury  in  favor  of  said  Capt.  J.  T. 
McBee,  for  the  Eiid  smn  of  money,  taking  his  re- 
ceipt for  the  same,  and  the  said  J.  T.  McBee  is 
herel)y  reijuired  to  report  to  the  Quarter  Master 
General  the  nrnner  in  which  said  sum  of  money 
is  expended,  and  shall  return  tlie  arms  purchased 
therewith  to  the  State  af  ^lississippi  upon  the 
expiration  of  his  term  of  service. 

Sec.  3.  Be  it  further  marfcd,  That  this  act  shall 
be  in  force  and  take  effect  from  and  after  its  pas- 
sage. 

Approved,  December  19,  1861. 
L— 19 


J4$  LAWS   OP  MISSISSIPPI. 

CHAFIER    CXXXTI. 

AN  ACT  to  suspend  the  collection  of  all  taxes  for  the 
year  1862,  upon  lands  heretofore  purchased,  or  which 
may  hereafter  be  purchased  by  the  Levee  Commissioners, 
or  by  the  Treasurers  of  any  special  Levee  Fund,  in  the 
Counties  of  Tunica,  Coahoma,  Bolivar,  Washington,  Is- 
saquena,   Tallahatchie,  DeSoto,  Sunflower,  Panola,  and 

Yazoo. 

Sec.  '■ .  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississijypi,  That  the  collection  of  all 
State  and  County  taxes  which  have  heretofore  been 
assessed,  or  which  may  hereafter  be  assessed  upon 
any  lands  purchased  by  the  levee  commissioners, 
or  by  the  special  levee  treasurer,  in  the  counties 
of  Tunica,  Coahoma,  Bolivar,  Washington,  Issa- 
quena, Sunflower,  Yazoo,  Panola,  Tallahatchie, 
and  DeSoto,  be  and  the  same  is  hereliy  suspended 
until  the  meeting  of  the  next  regular  session  of 
the  legislature,  unless  said  lauds  are  redeemed  or 
purchased  from  said  levee  commissioners,  or  from 
said  levee  treasurer. 

Sec.  2.  Be  it  further  tuacted.  That  nothing  in 
this  act  shall  be  construed  so  as  to  release  said 
lands  from  tax,  but  the  same  shall  l>e  charged  up, 
and  property  accounted  for,  with  interest,  by  said 
levee  commissioners. 

Sec.  3.  Be  it  further  enacted,  That  the  tax 
due  and  payable  the  present  fiscal  year  only,  l)e 
suspended  by  this  act. 

Sec.  4.  Be  it  further  enacted,  That  this  act 
shall  take  effect  and  be  in  force  from  its  passage. 

Approved  December  20,  1861. 


LAWS  OP  MISSISSIPPI.  147 


CHAPTER    CXXXVl]. 

AN  ACT  to  incorporate  the  Bank  of  Jackson,  and  other 
Banks. 

Section  1.    Be  it  enacted  hj/  (he  Legislature  of 
the  State  of  Mi-isissipjn,  That  a  Bank   sliall  be 
established  in  the  city  of  Jackson,  and  county  of 
Hinds,  the  capital  stock  of  which  shall  not  exceed       Capital 
the  sum  of  one  million  (if  dollars,  to  be  divided     $i,0OO,- 
into  shares  of  one  hundred  dollars  each  :   and  for  000. 
the  ijurf)0se  of   receiving   subscriptions   for  said 
stock,  Itooks  shall  be  opened  in  said  city,  by  five  Co  in  mis 
commissioners,  to  be  appointed  by  the  board  of  sioners, 
police  of  said  county,  under  whose  superintendence,  ^°^  ^P* 
or  a  majority  of  them,  subscriptions  to  the  capital  P°^°  ^  ' 
stock  ma}'  lie  made  and  received  in  the  manner 
hereinafter   prescribed,    and    said    connnissioners 
may  appoint  other  persons  to  act  as  commissioners 
at  other  localities  in  the  State,  whose  report  of 
subscription  lists  shall  be  made  to  the  said  original 
commissionei's,  and  be  subject  to  their  approval. 

Sec.   2.    Be  it  further  enacted.  That   each  sub-    <,  .      .. 
scriber  shall,   for  the  amount  of  his,  her  or  their  gj.g  ^^  ^;^^ 
subscription  to  said  capital  stock,  be  required  to  n  o    t*  c 
execute  and  deliver  his,  her  or  their  note,  with  two  withsure- 
or  more  good  and  sufficient  sureties,  which  said  ties, 
sureties  shall  go  before  the  judge  of  probate  of 
the  proi)er  county,  and  each  make  oath  before  said 
judge,   that  he  is  worth,  over  and  above  all  debts, 
claims,  or  liabilities  against  him,   the  amount  of 
the  said  note  upon  which  he  is  surety  as  aforesaid, 
and  if  both  of  said  sureties  on  said  note  shall  be  , 

approved  as   such  by  said  judge  of  probate,  such  -^^^^''^^t 
judge  shall  endorse  on  the  affidavit  made  by  said  by  Pro- 
sui'eties  his  approval,  and  shall  file  said  affidavit,  bate  J'dge 
so  endorsed,  in  the  ])robate  clerk's  office  of  his 
county,  in  the  form  following,  to-wit : 

$  I  (or  Ave)  promise  to  pay  to 

commissioners,  or  bearer,  for  and  on  account  of 
the  capital  stock  of  the  Bank  of  Jackson,  the  sum 
of  ,  without  interest,   the   same  being 

amount  of  (my  or  our)  subscription  thereto. 
(Signed)  &c.    The  said  commissioners  shall  also 


148  LAWS   OF   MISSISSIPPI. 

require  the  subscriber  or  subscribers  to  execute 
and  deliver  to  them  an  instrument  of  conveyance 
in  the  form  following,  to-wit : 

I  (or  we)  do  hereby  grant,  bargain,  sell  and  de- 
liver to  commissioners  of  the  Bank  of 
Jackson,            bales  of  good  merchantable  cotton, 
now  in   (my  or  our)  possession  at  in   tlie 
county  of            in  the  State  of  Mississi])pi,  aver- 
Form  of  ^©i^'^S'  ^^o^  l^ss  tlian  four  hundred  pounds  per  bale, 
affidavit,     and  which   at   twenty-five   dollars  per   bale,  will 
produce  the  sum  of          dollars,  being  the  amount 
of  (my  or  our)  subscription  note  of  this  date,  to 
the  capital  stock  of  the  Bank  of  Jackson.      And 
it  is  understood  and  agi-eed,  tliat  if  upon  a  sale  of 
said  cotton  there  shall  remain  a  surplus  of  the  nett 
proceeds  thereof,  over  and  above  the  payment  of 
(my  or  our)  said  subscription  note,  then  such  sur- 
plus shall  be  subject  to  (my  or  our)  order  in  the 
hands  of  the  factor  selling  said  cotton,  or  be  placed 
to  (my  or  our)  credit  on  the  books  of  said  bank 
at  (my  or  ours)  option  ;  it  being   further  agreed 
that  (I  or  we)  shall  have  the  privilege  of  designat- 
ing the  factor  or  factors  who  shall  make  said  sale. 
Given  under  (ni}^  or  our)  hand  and  seal  this   the 
day  of               ,  186     .                     [seal.) 
At  the  same  time  it  shall  be  the  duty  of  said  com- 
missioners to  require  the  subscriber  to  make  his, 
her  or  their  affidavit  before  any  of  said  commis- 
sioners (who  are  hereljy  authorized   to   administer 
'   the  same)  or  before  some  other  person  authorized 
Cotton  by  law  to  administer  oaths,  that  he,  she  or  they 
free    from  hold  in  his,  her  or  their  own  absolute  right  and 
all  liabili-  possession,   not  bound  by  any  judgment,   lien,  or 
^®^'           subject  to  any  mortgage  or  deed  of  trust,  the  num- 
ber of  bales  of  cotton  named  in  the  instrument  of 
transfer  offered  to  commissioners,   and  that  said 
bales  of  cotton,  number  and  marks  described,  are 
of  the  weights    and   quality    therein    specified  ; 
which  affidavit,  in  writing,  shall  be  filed,  and  sup= 
ported  by  the  testimony  of  at  least  one  other  cred- 
ible witness. 

If  party  proposing  to  subscribe,  shall  not  be 
present,  then  the  said  note  and  the  instrument  of 
transfer  may  be  duly  authenticated,  according  to 
law,  as  in  other  cases  of  written  documents,  and 


l.AWS   OF   MISSISSIPPI.  149 

in  all  thingfs  the  said  applicant  or  applicauts  for       Parties 
stock  in  said  bank,   shall  comply  with  the  roquisi-  a|^>sen  t 
tions  of  tliis  section,  to  the  entire  satisfaction  of  ™J^ 
said   commissioners,  or  tliey  shall  not  accept  his, 
her  or  their  proposed  snhscription. 

Sec,  3.     Be   it  further  enacted,  That   so    soon 
as  one  thousand  shares,  amounting  to  one  hundred 
thousand  dollars,  of  tlie  capital  stock  of  said  ])ank, 
shall  be  su])scribed  for  and  secured,  as  hereinbefore      P  ublic 
directed,  public  notice  thereof  shall  be  given,  by  notice    to 
publication  in  some  newspaper  in  said  city  and  l)y  ^e  given 
posting  at  one  or  more  public  places,  and  a  meet-  *iooooO 
ing  of  the  subscribers  sliall  tlioreby  be  called,  to  jg  subscrib 
be  held  at  least  ton  days   after  said  notices  are  ed. 
issued.     If  at  this  meeting  those  or  their  agents 
who  have  a  majority  of  votes  according   to    the      Seven 
rates  hereinafter  described  be  present,  (if  not  ano-  Directors 
ther  meeting  shall  be  called,)  they  shall  ])roceed  to  *o   ^    «- 
the  election   of  seven   directors  who   shall    take  ^^^^^^' 
charge  of  the  books,  notes,  instruments  of  transfer, 
and  other  ])apers  in  the  hands  of  the  commission- 
ers, and  innncd  lately  pursue  the  usual  means  to  put 
this  bank  in  operation,  and  proceed  to  the  perform- 
ance of  their  duties  under  this  charter.     The  said     Term  of 
directors  shall  remain  in  office  for  one  year,  unless  oflRce. 
otherwise  determined  by  the  stockholders  in  gene- 
ral meeting,  or  until  their  successors  are  aj^pointed, 
and  shall  choose  one  of  their  own  number  to  be 
President  of  this  Bank. 

Sec.  4.    Be  it  further  enacted,  That  when  the 
conditions  hereinbefore  prescribed  shall  have  been 
fulfilled,   the  said  subscribers  to  the  capital  stock 
of  said  bank,  their  successors  and  assigns  shall  be 
and  arc  herebv  created  a  body  politic  in  law  and  Charter  to 
in  fact,  by  the  nauic  and  style  of  the  ^' Bank  of  J^"^^^"^^® 
Jackson,''  and  shall  so  continue  until  the  firs.t  day  yg^rs^   ^ 
of  January,  eighteen  hundred  and  eighty-one,  and 
by  the  name  and   style   aforesaid  :  they  shall  be 
capable  in  law  to  have, 'purchase,  possess  and  enjoy 
for  themselves  and   their  successors,    lands,   tene- 
ments, rents,  goods,  chattels  and  effects,   and  the 
same  to  grant,  devise,  alien  and  dispose  of,  to  sue 
and  be  sued,  plead  and  be  impleded,  answer  and 
be  answered,  defend  and  be  defended,  in  courts  of  geai  to  be 
record,  or  in  any  place  whatsoever  ;  and  also  to  used. 


150  LAWS   OF  MISSISSIPPI. 

make  and  use  a  common  seal,  which  they  may  al- 
ter at  discretion  ;  and  also  to  ordain,  establish  and 
put  ill  execution  such  by-laws,  ordinances  and  re- 
gulations as  shall  be  necessary  and  convenient  for 
the  government  of  said  corporation;  and  generally 
to  do  and  perform  all  acts,  matters  and  things 
which  a  corporation  and  body  politic,  in  law,  may 
or  can  lawfully  do,  consistent  witli  tlie  purposes 
of  its  creation,  and  subject  at  all  times  to  tlie  rules, 
regulations,  restrictions,  checks  and  safeguards 
hereinafter  prescribed  and  declared. 

Sec.   5.    Be  it  further  enacted,  That  the  follow- 
ing rules,  regulations  and  provisions,   shall  form 
\V  h  e  n  the  fundamental  articles  of  the  constitution  of  this 
^®®J^'°Sof  corporation:     A  meeting  of  the  stockliolders  can- 

Lc^^^nrfr^^f  Hot  bc  licUl,   uulcss  thosc  who  have  a  majority  of 

ers  cannot    ,         t    -,  ^  o       ,       i  ,     • 

he  held.    ^"6  whole  numljcr  oi  votes  be  present   m  person, 

and  every  act  shall  require  a  majority  of  the  votes 
present ;  every  stockholder  owning  one  share  and 
not  more  than  two,  shall  1)C  entitled  to  one  vote ; 
for  every  two  shares  above  two  and  not  exceeding 
ten,   one  vote  ;  for  every  three  sh.ares  above  ten 
ami  not  exceeding  thirty,  one  vote  ;  for  every  four 
sliares  above  thirty  and  not  exceeding  sixty,  one 
aKo.   Af  yQiQ  .  f-Qp  cvei-y  Ave  shares  above   sixty   and   not 
quired    to  exceeding   one  hundred,  one  vote,  and  for  every 
one  vote.    ^^^^  shares  above  one  hundred,   one  vote.     After 
the  first  irieeting,  no  share  or  shares  shall  confer  a 
right  to  vote  unless  holden  for  three  months  prior 
When  iQ  iii^Q  (lay  of  voting.     A  general  meeting  of  the 
mee^in-^of  stockholders   shall  "be  held  at  least  once  in  each 
stockhold-  year,  and  at  first  meeting,  the  time  for  next  annual 
ers    shall  meeting  shall  be  ap})ointed,  and  thereafter,  at  each 
be  held,      annual  meeting,  the  day  for  the  next  general  meet- 
ing  in   tlie   succeeding  year  shall  be  designated. 
Tlie  stockholders  in  general  meeting  shall  iix  and 
determine  the  salary  of  the  President  of  the  bank, 
Salary    of  ^^^  they  shall  fix  the  salaries  of  the  cashier,  and 
the  Presi-  of  such  other  subordinate  officers  as  the  board  of 
dent    and  directors  may  deem  necessary  to  perform  the  busi- 
cashier  j^^ss  of  the  bank  ;  which  cashier  and  other  officers 
by  whom  ^^^^  directors  shall  elect,   and  may  remove  at  plea- 
sure.    The  cashier  and  other  officers  appointed  by 
the   directors  shall  give  bonds,  with  two  or  more 
sureties  each,  in  such  suras  as  the  directors  may 


LAWS    OF    MISSISSIPPI.  ISl 

name,  with  conditions  of  good  behavior  and   the 
honest  and  faithful  performance  of  duty.     A  num- 
ber of  stockholders,  not  less  than  ten,  who  to.ecthcr  Notice  «f 
shall  be  owners  of  live  hundred  shares  or  upwards,  meetings, 
shall  have  power  at  any  time  to  call  a  general 
meeting  of  the  stockholders  concerning  tlie  aifairs 
of  the  institution,  by  giving  at  least  twenty  days' 
notice  in  two   newspapers   specifying    object   of 
the   meeting.      The  stock  of  said   bank  may  be      0*1, 
assigned   and  transferred  according  to  the  regula-  transfetv 
tions  and  by  laws  for  that  ]iurpose,  except   in   the  able, 
case  of  stockholders"  indebtedness  to  the  Imnk,  as 
hereinafter  provided  against. 

Sec.  G.  Be  it  further  enacted,  That  when  the  said 
connnissioners  shall  have  accepted  the  subscription 
note   and   instrument  of  transfer  as   hereinbefore 
directed,  then  in  eacli  case  the  absolute  legal  title 
to  the  cotton  specified  in  such  instrument  of  trans-      When 
fer,  shall  vest  immediately  in  said   connnissioners,  title  to 
for  the  use  and  benefit  of  the  capital  stock  of  said  y^gted^^ 
bank  ;  and  by  the  act  of  delivery  by    said  com-  ^ank. 
missioners,  of  said  papers,  therewith  connected,  to 
the  directors  as  provided  for  in  the  third  section  of 
this  act,  the  right  and  title  to  said  cotton  shall  vest 
absolutely    in   this  bank,  to  the  same  extent  and 
with  all  the  legal  effects,  in   every  particular,  as 
though  said  stock-note  and  instrument   of  transfer 
had  been  so  executed  and  delivered  in  the  first  in-  Cotton  at 
stance.     The  subscriber  and  stockholder  shall  in  r  i  s  k  0  f 
each  case  be  bound  to.  keep  and  preserve  the  said  subscriber 
cotton  at  his  or  her  own  risk,  or  at  the  joint  risk 
of  themselves,  if  more  than  one  person  unite  in  the 
same  subscription.     It  shall  be  the  duty  of  the  said 
commissioners,  before  the  organization  of  the  bank, 
and  afterwards  of  the  managers  of  the  same,  to  for- 
ward to  the  Probate  Clerks  of  the  several  counties 
wherein  any  of  said  cotton  may  be  situated,  stored 
and  kept,  a  list  containing  the  names  of  subscribers, 
the   number   of   bales   of  cotton,  and   the  marks 
thereof,  and  where  located  in  the   county  of  each 
clerk     respectively,   and    thereupon    the   Probate 
Clerk  shall  copy  the  same  upon  his  public  records,  Lists  to  b© 
when  such  recorded  list  shall  be  deemed   to   give  s  e  n  1 1« 
such  notice  of  the  transfer   of  said  cotton  to  said  Probate 
bank,   that  any  person  purchasing  the  same  from  ^^^^^^^ 
the  subscriber   having  it   in  his  or  her  possesgion  '■®<'<'^'^*<* 


152  LAWS   OF    MISSISSIPPI. 

shall  obtain  no  title  thereto  ;  and  said  bank  shall 
be  authorized  to  pursue  and  recover  by  law,  the 
said  cotton,   or  the  price  and  value  therr  of.  from 
any  party  who  may  have  obtained,  or  in  any  man- 
ner,  without   the  consent  of  the  directors  of  the 
bank,  have  received  the  said  cotton  or  any  part 
thereof,  from  a  subscriber,  so   having  the  same  in 
possession.     The  said   subscriber  having  any   of 
said  cotton  in  his  or  her  charge  and  keeping,  shall 
iSubscri-  Protect  the  same  from  injury  or  loss  while  in  his  or 
ber  re-  her  possession,  and  shall  be  responsible  in  damages 
sponsible  to  full  extent  of  its  value  at  price  named  in  said 
for  dam-  instrument  of  transfer,  and   all  expenses,  if  said 
^®^'         cotton  or  any  part  thereof,  shall  be  injured  or  de- 
stroyed by  exposure  to  weather  or  by  fire,  or  by 
any  other  accident  or   cause  while  in  his  or  her 
possession  and  care.     If  the  said   subscriber  or 
subscribers,   shall  sell,   dispose  of,  or  remove,  or 
conceal  said  cotton  or  any  part  thereof,   or   shall 
wrongly  send,  direct  or  ship  liy  improper   bill   of 
lading,  when  ordered  by  the  bank  to  send  forward 
said  cotton,  or  shall  knowingly  permit  the  same,  or 
any  part  thereof,  to  be  taken,  removed,   concealed, 
Penalty  missent  or  miscarried,  with  the  intent  fraudulently 
■for  at-  to  avoid  the  proper  sale  thereof  by  the  directors 
to  Smove  ^^  ^^^^  ^^^^^'   ^^^^  ^^  deieixt  or  delay  the  prompt 
fraudu-  pf^y^ent  of  his,  her  or  their  stock-nore  in  bank,  at 
lently  &c.  such  time  as  the  directors  thereof  shall  oi'der  the 
same  to  be  paid  through  the  sale  of  said  cotton  by 
him,  her   or  them,  transferred  as  aforesaid,  to  the 
bank  ;   then,  and  in  that  case,  the  said  subscriber, 
or  subscribers,  shall  be   deemed   guilty  of  felony, 
and  on  conviction  thereof,  shall  be  fined  not  less 
than    one  thousand  nor  more  than  five   thousand 
dollars,  and  be  imprisoned  in  the  Penitentiary  of 
the  State,  at  the  discretion  of  the  court,   not  ex- 
To  re-  ceeding  three  years.     In  the  event   that  the  said 
place  cot-  cotton  (or  any  part  thereof,)  transferred  as  afore- 
at  ^      ri  ^^^^"  ^^  destroyed  by  fire  or  other  casualitiee,  while 
by  fire\      "^  ^^^®  ^^^"^  ^'^^  keeping  of  any  of  said  subscribers, 
as  above  provided,  then,  and  in  that  case,  the  said 
subscriber  shall  have  the  privilege,  and  it  shall  be 
his  or  her  duty  and  obligation  to  replace  said  cot- 
ton or  the  cash  value  thereof  in  money,  so  destroyed 
with  other  cotton  of  equal  weights  and  quality,  to 


LAWS   OF    MrSSISSIPPf.  15S 

vest  in  the  bank,  and  be  sold  by  it  for  the  payment 
of  tlie  stock-note  of  such  subscriber  as  hereinbefore 
provided. 

Sec.  7.  Be  it  further  enacted,  Tliat  all  obliga- 
tions, engagements,  liabilities  and  penalties,  here- 
inbefore,  or  to  be  liereinaftcr  rendered  binding  and  „pQn°^*U| 
operative  upon  the  said  subscribers  to  the  capital  ^^ 
stock  of  this  bank,  shall  be  and  the  same  are  here- 
by declared  to  be,  equally  binding  and  o])erative 
upon  the  heirs,  executors  and  administrators  of 
said  subscribers  so  far  as  tlie  same  can  or  may  at- 
tach to,  or  take  effect  upon,  said  legal  rcpresenta- 
tatives  of  such  subscribers. 

Sec.  8.  Be  it  further  enacted,   That   alter   the    After  the 
present  blockade  of  the  ports  of  the  Confederate  blockade, 
States  shall  have  been  raised  and  removed,  the  di-  f?'*'°y  *** 
rectors  of  said  bank  may,  and  shall  give  notice  to 
said  subscribers  to  send  forward  the  said  cottoa  in 
their  charge  and  keeping  respectively,  for  the  pur- 
pose of  being  sold   for   specie,  to  pay  oil"  and  dis- 
charge said  stock-notes.     If  any  subscriber,  or  sub- 
scribers, shall  fail  to  comply  with  such  order  of  said 
directors,   he,   she  or  they  shall  pay  to  said  bank, 
interest  on  his,  her  or  their  subscription  note,  by 
the  way  of  damages,  at  the  rate  of  twenty  per  cent. 
per  annum,  from  and  after  the  date  'of  receipt  of 
such   order   and  non-comiiliance  therewith,   until 
said   note  shall  be  fully  discharged,  unless   such 
failure  be  the  result  of  the  state  of  the  waters,  or 
of  some   other  unavoidable   cause.     If,   however, 
such  suljscribcr  or  subscribers,  refuse,  decline,  or      p     ,, 
wholly  neglect  to  deliver  or  forward   said   cotton  ^^^  ^^J^ 
in  strict  obedience  to  the  order   and  instructions  s  i  ng  to 
of  said  bank  directors,  then,  on  proof  of  such  wilful  fo  rward 
neglect  and  refusal,  the  said  subscriber  or  subscri-  cotton  to 
bers,  shall   be  held  guilty  of  a  misdemeanor,  and  o'^'^^''- 
Hiay  be  indicted  and  punished  by  a  fine  not  exceed- 
ing two  thousand  dollars,  and  be  imprisoned  in  the 
county  jail  until  said  cotton  be  delivered  according 
to  the  contract  of  subscription  and  the  requisitions 
of  this  act  ;  or  until  said  note  be  paid  in  gold  or 
silver   coin  with  said  damages,  at  rate  of  twenty 
per  cent,  interest  superadded  in  either  case. 

It  may  be  lawful,  however,  for  any  of  said  sub- 
scribers, by  and  with  the  consent  of  the  president 


154  LAWS    OF    MTTSSISSIPPI. 

Factor  of  the  feaid  bank,  to  change  the  factor  or  factors  by 
maybe  jjj^j^  \^q  qj.  them,  first  designated  to  sell  said  cotton, 
changed.    -^^^^  -^  every  instance  the  cotton   shall  be   shipped 
in  the  name  of  said  bank,  and  be  sold  directly  for, 
Cotton  ,^^^   Q,^    account  of  the  bank,  and  if  any  of  said 
shipped  in  subscribers  shall  draw,  or  attempt  to  draw,  from 
the  name  the  hands  of  the  factor  selling  said   cotton,  or  any 
o  f  t  h  e  portion  of  the   proceeds  thereof,  without  the  con- 
bank,         sent  or  authority  of  said  bank,  then  he,  she  or  they 
shall  be  subject  to  all  the  fines   and  penalties  pro- 
vided in  the  sixth  section  of  this  act,  for  the  fraud- 
ulent selling,   removing,   concealing  or  the  mis-di- 
recting or  mis-sending  of  any  of  said  cotton  by  any 
of  said  subscribers. 

Sec.  '.t.  Be  it  further  encicled,  That  this  corpo- 
Bankmay  ^.r^^ion  shall  be  a  bank  of  discount,  deposit  and  cir- 
drafts  &c.  culation,  but  shall  deal  in  nothing  except  bills  of 
exchange,  drafts,  promissory  notes,  and  other  evi- 
dences of  debt,  in  gold  or  silver  bullion,  or  in  pro- 
fits of  its  lands,  or  in  mint  certificates,  and  the  cer- 
tificates of  the  puV)lic  debt  of  the  Confederate 
States  or  of  this  State.  The  said  corporation,  how- 
ever, shall  purchase  and  hold  only  such  lands  ten 
ements,  rents  and  hereditaments  as  shall  be  required 
for  the  convenient  transaction  of  its  business,  or  as 
shall  have  been  bona  fide  mortgaged  to  it  by  way 
of  security,  or  conveyed  to  it  in  satisfaction  of 
debts  previously  contracted  in  the  course  of  its 
dealings,  or  purchased  at  sales  upon  judgments 
which  shall  have  been  obtained  for  such  debts, 
provided  that  said  ])ank  shall  not  retain  property 
so  acquired  for  a  longer  period  than  five  years, 
m  Sec.  10.  Be  it  further  enacted,  That  said  corpo- 

cent  to  be  I'^-tion  shall  be  authorised  to  take  or  receive  interest 
charged,     or  discount,  on  notes  or  bills  of  exchange,  at  the 
rate  of  ten  per  cent,  per  annum,  until  it  shall  have 
obtained  the  privilege  of  issuing  its  notes  of  cir- 
culation to  the  extent  of  two  to  one  upon  its  capital 
stock,  but  thereafter  the  said  rate  shall  not  exceed 
eight  per  cent. 
When      ^^^*    ^^-  J^6 it  further  ertacted,Th2^t  a  ^nj -pev- 
placedun-  son  or  persons  indebted  to  said   bank,  shall   fail, 
d  e  r  pro-  neglect  or  refuse  to  make  payment  at  maturity  of 
test.  such   indebtedness,  he,   she  or  they  may  be  placed 

under  protest  for  the  non-payment  thereof,  and  if 


LAWS   W   MTSSreSTFPI.  155 

such  person  or  persons  shall  still  neglect  or  refuse 
to  discharge  such  indebtedness,  then  the  said  bank 
may  bring  suit  against  said  delinquent,  or  delin- 
quents, before  any  court  liaving  jurisdiction,  for 
the  recovery  of  the  claim,  and  shall  be  entitled  to 
judgment  for  amount  duo  at  first  term  of  sad  court 
to  which  process  sliall  be  returned,  and  bo  ontitlcd 
to  collection  of  such  indebtedness. 

Seo    12.   Be  it  further  enacted.  That  tlic  direc-      Bank  to 
tors  of  said  bank  shall  be  liekl  and  reriuircd  to  sell  commence 
all  said  cotton  transferred  as  aforesaid  for  the  pay-  ^  p  e  c  i  e 
ment  of  said  stock-notes,  for  specie  only:  and  the  P*y™^°t. 
said  l)ank  shall  be  required  and  com})el!ed    within 
twelve  months  after  the  removal  of  the  blockade  of 
*our   ports,   to   redeem   all  its  notes  of  circulation 
l^resented,   in  gold   and   silver  coin,  provided  the 
banks  of  New  Orleans  and   Mobile  shall  have  re- 
sumed s}iecie  payment  1)V  the  said  time. 

Sec.  13.  Be  it  furtln'r  enacted,  That  (except  a 
receipt  from  the  commissioners  or  cashier  for  stock- 
note,)  uo  certilicate  of  stock  in  said  bank  shall  be 
issued  to  any  subscriber  or  subscribers   until   hi^;.       Certifl- 
her  or  their  subscription  note  shall  have  been  paid  <^*^es  of 
and  discharged  in  si^ecic,  in  whole  or  in  part,  and  ^hen^is- 
if  l)y  any  mishap  tlie  nett  proceeds  of  his  her  or  sued, 
their  cotton,  sliould  not  bo  sufficient  to  pay  oft'  his, 
her  or  their  said  note,  then  he,  she  or  they  shall  be 
entitled  to  certificates  of  stock  only  so  far  as  pay- 
ment thereon  shall  have  been  made,   and  in  that 
case,  the  balance  due  on  such  note  shall  remain  a 
debt  against   such  subscriber  or  subscribers,  and 
shall  operate  as  a  lien,  and  have  the  eflect  of  a 
special  mortgage  upon  all  his,  her  or  tlieir  estate, 
real  and  personal,  provided   such   note  with  the 
credits  thereon  be  recorded  in  tlio  offioo  of  jh*^  Pro- 
bate Clerk  of  the  pro]ier  county. 

Sec.  14.  Be  it  further   enacted,  Tliai  any    .sub- 
scriber or  subscribers  may  at  any  time  discharge 
his,  her  or  their   stock-note  by  payment   of  the 
amount  in  specie  ;  and  any  other   person  may   be- 
come a  stockholder  in  ^aid  liauk,  while  any  portien    Directors 
of  its   capital  remains  una])propriated,  who  sjiall  not  to  re- 
pay tor  such  stock  in  specie,  or  by  subscription  note  ^"se  s  u  b- 
and  transfer  of  cotton  as   hereinbefore  provided  ;  ^ci^iptioos. 
and  it  sliall  not  be  lawful  for  said  directors  or  the 


156  LAWS  OF  MISSISSIPPI. 

Stockholders  of  said  bank  to  refuse  such  subscrip- 
tioas  from  proper  persons,  until  the  whole  of  its 
capital  stock  shall  have  been  taken. 

Sec.  15.  Be  it  fur'Jier  enaeted,  That  this  bank 
shall  not  issue  its  notes  of  circulation  to  a  larger 
Amount  r^mQ^^^  than  one  for  one  upon  its  capital  stock 
tion.  "  subscribed  as  aforesaid,  until  it  shall  have  com- 
menced specie  payments  ;  but  it  may,  and  is  hereby 
autliorized,  thereafter  to  issue  its  notes  to  the  ex- 
tent of  two  to  one  upon  its  capital  stock  which 
shall  have  been  actually  paid,  in  specie,  as  herein- 
before provided. 

Sec.  16.  Bp  it  further    enacted,    That  in   case 

of  the  foilure  of  the  Bank  hereby  created,  the  indi- 

Stockhol-  vidual  stockholders,  in  their  private  property,  skall 

ders  liable  be  liable  to  the  holdcfs  of  its  notes,  in  suras  double 

for  double  the  amount  of  stock  by  them   respectively   owned 

*f^    fiT'*'  ^'^  ^^^^  Bank  ;  and  judgment  may  betaken  against 

stock  ^"^^^  stockholders  to  that  extent— which   liability 

shall  subsist  against  any  stockholder   selling   his 

stock  for  the  space  of  twelve   months  after   such 

sale   as  well  ;is  against  the  purchaser  and    holder 

of  the  same. 

Sec.  17.  J5e  it  further  enacted,  That  each  direc- 

Qualifica-  tor  of  this  Bank  shall  be  a  citizen  of  this  State,  and 

tions  to  be  shall  own  at  least  ten  shares  of  stock  in  the  Bank, 

director,     and  shall  be   responsible  individually  and  in  his 

private  property,  for  agreeing  to  any  over  issue  of 

the  notes  of  the  Bank,  as  the  same  is  limited  in  the 

fifteenth  section  of  this  charter,  to  the  full   extent 

p  of  such  excess  of  issues,  and  shall  also  be  liable  for 

for  over-is  deficiency  in  capital,  if  he  consent  to  any  dividend 

suing.         larger  than  the  amount  of  profits  on   iiand,    when 

such  dividend  shall  be  declared,  and  in  addition  to 

the  iorlGiture  of  his  said  stock,   he   may   be   held 

guilty  of  a  misdemcanoi',  and  on   conviction,  may 

be  fined  and  imprisoned,   at  the  discretion  of  the 

court.     To  fix  this  responsibility  tiie  cashier  of  the 

Record  j^g^j^j,  gijj^ii  i-Qgp  .^  ijook  wherein    he  shall   record 

w  *°       ^^'®  proceedings  of  theboard  of  directors,  the  names 

^  *  of  those  present,  the  day  and  date  of  each  nieeing, 

and  shall  enter  the  votes  of  yeas  and    nays,  when 

called  for  by  any  director  :    which   book  shall  be 

evidence  in  "courts  of  justice  ; — And  whei  entering 

upon  his  office  the  said  cashier  shall  take  the  fol- 


LAWS    OF    MISSISSIPPI.  157 

lowing  oath  before  some  justico  of  the   pearc,   by 
whom    it  shall  be  filed  in  the  office  of  the  probate       Oath  of 
clerk  of  the  county  :  "I  (A.  B.,)  cashier,  do  solemn-  cashier, 
ly  swear   to  keep  a  just   au<i    true  record,    with- 
out alterations  or  erasures,  of  tlie  transactions  of 
the  board  ot  directors  of  the  'Bank  of  Jackson,'  in 
a  book,  to  be  by  me   kept    or  that  )nir pose."     No  xhree  di- 
less  than  three  directors,  of  whom    the   President  rectors  to 
shall  be  one,  shall  constitute  a  board  for  ihe  trans-  constitute 
action  of  busine.s,  except  that  if  absent  or  sick,  the  ^  board, 
president  may  nominate  in  writing  any  other  direc- 
tor to  supply  his  place. 

Sec.  18.  Be    it   further   enadetl   That  it  sliall       List  of 
be  the  duty  of  the  cashier  of  this  Bank,  as  soon  as  stockhold- 
may  be  after  his  appointment,  to  file  a  correct  copy,  ^,^-}^  ^ 
verified  on  oath,  of  the  stock  book    of  said   Bank,  der  k's 
containing  names,  post  oflice.  and  amount  of  stock  office, 
of  each  stockholder  in  said  bank  in  the  office  of  the 
probate  clerk  ot  said  county,  whei'c  the  same  shall   • 
at  all  times  bo  open  to  the  inspection  of  the  ])ublic; 
and  in  cacli  subsequent  year  after  the  regular  gen- 
eral annual  nncting  therein,  the  cashier  shall   be 
required  to  i\\(i  in  said  Probate  clerk's  office,  with- 
in twenty  days,  a  corrected    copy  of  said    stock- 
book,  noting  all  additions  to  or   transfers   of,   the 
stock  of  said  bank,  witli  the  dates,  that   may  have 
occurred  since  the  hist  previous  filing  of  said  copy 
which  copy  or  certified  transcripts  tlicreof  shall  be 
evidence  in  the  courts  of  this  State. 

Sec.    19.  Be  it  further  enacted,  That  said  bank   How  long 
is  hereby  authorized  to  issue  its  notes  or  bills  of  °"^       ff 
such  denomination,  not  less  than  one  dollar,  as  to  ^^  issued, 
its  directors  may  seem  proper,  for  and  during  the 
present  general  suspension  of  specie  payment ;  but 
so  soon  as  this  bank  shall  have   commenced  specie 
payments,  as  required  by  the  twelfth  (12th)  section 
of  this  act,  then  and  thereafter  it  shall  not  be  law- 
ful for  this  corporation  to  issue  and  put  in  circu- 
lation any  of  its  notes  or  bills  of  a  less  denomina- 
tion than  five  dollars,  unless  bills,  or  notes  of  less       Notes 
denomination  than  five  dollars  be  allowed  by  law  where  pay 
to  circulate   in  this  State  ;   but  no   bank  created  able, 
under  this  act  shall  make  any  of  its  notes  payable 
at  any  other  place  than  at  its  own  counter. 


168  LAWS   OF  MISSISSIPPI. 

Sec.  20.  Be  it  further  enacted.  That  whenever 
Cashier  to  any  bill  or  bills,  note  or  notes,  the  issues  of  this 
endorse  corporation,  shall  be  presented  at  its  counter  for 
protested  redemption,  at  a  time  when  there  shall  be  no  au- 
bills.  thority  of  law  for  non-payment   of  specie  by  said 

))ank,  and  the  bank  shall  at   such    time,   refuse  or 
omit  to  redeem  the  same  either  in  gold  or   silver 
coin,  the  president  or  cashier  shall,  at   request  of 
the  holder,  endorse  on  said  bill  or    bills,   note  or 
notes,  the  word  "protested,"  with  tiie  date  of  such  pre- 
sentation, and  attacli  his  signature  ;  and  all   such 
bills  or  notes,  so  protested,  shall  draw  twelve  per 
cent,  per  annum  interest  from  date  of  protest  until 
paid  or  redeemed  by  said  bank  ;  and  if  such  officer 
shall  refuse  to  so  endorse  such  unredeemed  issues 
Penalty  Qf  ^\^^,  bank,  as  above  provided,  he  and  his  sureties 
for  refusal  gj^^^n  j,g  Habie  to  pay  double  the  amount   thereof, 
'^  *  to  be  recovered  by  the  holder,  in  any  court  of  re- 
cord, having  competent  jurisdiction. 

Sec.   21.    Be  it  further  e^iacted,  That  th'ia  hank 

shall  be  taxed  upon  the  largest  amount  of  its  bank 

How  tax-  notes  which  it  shall  have  had  in  circulation  at  any 

^^-  one  date  or  period,  dui-ing  the  fiscal  year,  at  the 

same  rate  as  other  loaned  money  is  now,  or   may 

l)e  liercafter  taxed,  under  the  laws  of  this  State. 

Sec.  22.  Be   it   further  enacted.,  That  no  loati 
shall  be  made  to  any    stockholder  of  this  bank  on 
Stockhol    ^  pledge  of  his  or  her  stock  therein,  butsuch  stock- 
d  e  r  s  to  holders  shall  be  required  to  give  security,  as  other 
givesecur-  persons  may  or  shall  be  required  to  do   when  ob- 
ity.  taining  loans  from  the  same.     It  shall  not,  howev- 

er be  lawful  for  any  stockholder  in  this   bank   to 
sell,  dispose  of,  assign  or  transfer  his  or  her  stock 
therein  without  the  written  consent  of  the  Cashier 
so  long  as  he  or  she  shall  be  indebted  as  principal 
or  endorser,  or  acceptor  to  the  same,  and    if  any 
party  proposing  to  purchaseany  of  said  stock  shall, 
President  personally  or  by  agent,  make  inquiry  of  the  Presi- 
and  cash-  dent  or  Casher  of  the  bank  touching  indebtedness 
ier  liable.    Qf  ^hc  proposed  seller  of  the  stock  in   said   bank, 
and  be  by  such  officer  informed  that  said  seller  of 
stock  is  not  indebted  to  said  bank,  when,  in  point 
of  fact  he  or  she  is  indebted  to  the  same,  then  such 
president  or  cashier,  and  his  sureties,  shall  be 
liable  for  the  whole  amount  of  such  stock,  or  for 


LAW8   OP   MISSISSIPPI.  159 

the  whole  amount  paid  therefor  if   so   s^old  or  as- 
signed, to  be  recovered  at  the   suit   of  the  party- 
aggrieved,  in  any  court  of  record  having  the  com- 
petent jurisdiction.     If  any  ?tockholder  bn  indeb- 
ted to  said  bank,  as  principal. iudorseror  acceptor, 
his  or  her  said  indebtedness  shall  be  and   operate 
as  a  lein  upon  his  or  her  stock  therein,  and   if  he 
or  siie  fail  at  maturity  to   pay  such    indebtodnoss, 
and  shall  remain  under  protest   thereupon  for  the 
space  of  sixty  days   then  it  may  nnd  shall  be  law-    Director 
ful  for  the  board  of  directors  to  sell  said  stock  of  to       sell 
such  indebted  stockholder,  or  so  much   thereof  as  stock, 
may  lie  neces^^ary  to  discharge   his   or   her   debt, 
after  public  advertisement  in  some  newspaper,  and 
by  notice  posted  at  the  door  of  the  court  house  of  Public  ad- 
said  county,  and  at  the  door  of  said  bank,  for  the  vertise- 
space  of  thirty  days  ;    said  public  sale  to  be  Tnade  ™^°*^tohe 
at  the  door  of  the  banking   house  uf  said  corpora-  S''^^"' 
tion,  for  cash,  and  the    proceeds    to    be  ap[)lied  to 
pay  off  said  indebtedness  to  the  bank,  and  surplus, 
if  any,  after  the  expenses  of  sale,  shall  be  deposited 
to  the  credit  of  said  stockholder. 

Sec.    23.     Pe     it    futihcr   enacted,    That    no     j^^^-,     - 
stockholder  of  the  Itank  who  is  a  director   thereof,  indebted- 
shall,  at  any  one  time,  l)e   indebted   thereto   in   a  ness       of 
sum  larger  than  the  amount  of  his   stock  therein  ;  any     one 
nor  shall  any  other  j)erson   whomsoever    become  person, 
indebted  at  any  one  time  to  said  bank,   either   as 
principal,  endorser  or  accepter  in  a  sum  exceeding 
twenty  thousand  dollars  ;  nor  shall  any  person  be 
allowed  to  obt^aiu  a   new  loan  or   accommodation 
from  this  bank,  while  he  or  she  is  under  protest 
therein,  either   as   principal    debtor,   endorser  or 
acceptor. 

Sec.  24.  Be  it  furtlier  enacted,  That   the  Trea-        When 
surer  of  this  State  be  furnished  once  in  six  months  State 
with  a  statement  verified  by  the  oath  of  the  prcsi-  Treasurer 
dent  or  cashier  of  the  bank,  showing  on    the   first  ^      t^f^ 
day  of  May,  and  the  first  day   oi'  November,  the  mcnt^ 
condition  of  its  affairs,  the  amount  of  the  capital 
stock  of  said  Ijank  ;  the  debts  due  the  same  ;  mon- 
eys deposited  therein,  the  amount  of  notes   in  cir- 
culation, and  the  cash  in  hand  ;  and  the  treasurer 
shall  have  a  right  in  person  or  through  an  agent, 
to  inspect  the  general  accounts  on  the  books  of  the 


160  LAWS   OP   MISSISSIPPI 

bank,  in  relation  lo  said  statement.  The  said 
statements  shall  be  transmitted  to  the  Treasurer 
Where  ^^  ^^^'^  ^^  ^^^J  ^^'  after  the  days  above  specified, 
published,  and  shall  be  published  at  expense  of  the  bank,  in 
that  public  journal  in  which  the  laws  of  the  State 
are  published  V)v  uuthority. 

Sec.  25.  B''.  it.  further  enacted,  That  it  shall  be 
the  duty  of  the  president  of  this   bank   within  the 
first  two  weeks  in  Noveniher  in  each  year  to  trans- 
President  j^i^  ^Q  j^i^Q  Govei-nor.  a   statement  on  oaih.  shoAV- 
statement  "^S  i'^  f^^^'  ^^^^  condition   of   the  bank  ;  exhibiting 
toGovern-  the  amount  of  capital  ;  utiles  in  circulation  ;  debts 
or.,  due  to  other  banksand  what  baiiks  ;  deposits;  and 

all  other  particulars  ni'ct'~-ai'y  to  explain  the  debit 
side  of  the  accounts  ;  also  ri;c  specie  on  hand  :  notes 
on  other  banks,  and  wiii\T  inidcs  ;  bills  of  exchaige 
and  drafts  ;  debts  oi-  notes  and   bonds    discoueted, 
specifying  public  or    govciriuient   stocks,  and  the 
real  estate  held  by  said  bank  ;  which  stat(!ment  or 
statements  of  said  President  of  the  bank,  the  Gov- 
ernor shall  transmit  to  the  Legislature  of  tlic  State, 
at  any  legular  or  ealled  session  of  the  same.     The 
tiovernor  Qovcrnor  shall  also  have   power  and   authority,  at 
persons  to  ^^y  time,  to  cause  an  examination  of  the  books  of 
examine  said  bank  to  be  made  by  some  competent  person, 
the  books,  or  persons,    who  shall,  by  him,  be  appointed  for 
that  purpoj'C,  and  to  report  to    him  fully  touching 
the  condition  of  said  bank,  and  their  report  to  be 
made  at  least  once  in  two  years,  he  shall  lay  before 
the  Legislature  at  its  biennial  sessions. 

Sec.  26.    Be    it   further  enacted,    That  if  any 
president,  cashier,  teller,  clerk   or   other  officer  of 
Penalty  ^\^q  bank  aforesaid,  shall  knowingly,  and  with  in- 
feLe^     °?  tent  to  deceive,  make,  or  cause  to   made,   or    con- 
lum.  ^i^'*^  ^^  making  any  false  return,  statement  or  ex- 

hibit of  the  condition  of  the  bank,  either  to  the 
Treasurer  of  the  State  or  his  agent,  to  the  Gover- 
nor, or  any  committee  by  him  appointed,  or  to  the 
Legislature,  or  a  committee  thereof,  or  to  the  board 
of  directors,  or  to  the  stock  holders  thereof,  or  to 
any  other  person  having  authority  to  receive  the 
same,  such  president,  director,  cashier,  teller,  clerk 
or  other  officer  and  all  persons  aiding  and  abetting 
in  such  deception,  or  false  return,  shall  be  liable  to 
be  indicted  for  a  misdemeanor,  in  the  circuit  courts, 


I^WS   OF    M^SlBSiPP].  161 

and,  on  coiivictioD,  shall  be  fined  at  the  discretion 
of  the  cour',  and  be  imjiriponed  in  the  Penitentiary 
not  more  than  ten  nor  less  than  five  years. 

Sec.  27.  Be   it   furtlur   enacted,   That    if  any 
president,  director,  cashier,  teller,  or  other  officer, 
agent  or  servant  of  the  aforesaid  bank,  shall  em-  .  5^«"*'ty 
bezzle  any  of  the  funds   belonging   to   said    bank,  j^^    ^^jg* 
with  intent   to  defraud  said  corporation,  or  shall  entries, 
make   false  entries  upon  the  books  of  said  bank, 
with  intent   to  defiaud   said  corporation  or   any 
otlicr  person  whatsoever  ;  said  officer,  agent  or  ser- 
vant, shall  be  held  and  deemed   guilty  of  felony, 
and  upon  conviction  thereof  by  due  course  of  law, 
shall  be  punished  by  fine  at  the  di^^cretion  of  the 
court,  and  be   imprisoned   in  the   Penitentiary  of 
the  State  not   less   than  two   nor  more  than  five 
years. 

Sec.  28.  Be  it  further  (7?aaV(/, .  That  all  the  pro- 
visions of  tliis  act,  in  every  particular,  shall  be  and 
are  hereby  apjilicd  to  the  several  Banks,  hereinaf- 
ter named,  to  be  established  at  the  places  hereinaf- 
ter designated,  excei)t  the  capital  stocks  hereinafter 
specified,  in  as  full  and  ample  a  manner,  and  with 
as  complete  eifect  in  all  respects,  as  if  tliis  act  had^ 
been  framed,   with  ])ropcr  imme  and   place,  as  a  ' 

special  charter  for  each  one  of  the  following  banks 
respectively,  to-wit : 

A  bank  to  be  styled  "The  Bank  of  Natchez,"  to 
be  established  in  the  City  of  Natchez,  and  county 
of  Adams,  with  a  capital  stock  of  one  million  of 
dollars. 

A  bank  to  be  styled  "The  Bank  of  Vicksburg," 
to  be  establislied  in  tlie  city  of  Vicksburg  and 
coijnty  of  Warren,  with  a  cajiital  stock  of  one  mil- 
lion of  dollars.  Other 

A  l)ank  to  be  styled   "The   Northern   Bank   of  banks    to 
Mississippi,''  to  "ije  established  in  the  city  of  Holly  be   estab- 
Spi'ings,  and  county   of  Marshall,  with   a  capital  ^'s^^<^- 
stock  of  ^\\Q  hundred  thousand  dollars. 

A  bank  to  be  styled   "The  Bank  of  Aberdeen," 
to  bc.established  in  tlie  city  of  Aberdeen,  and  coun- 
ty of  Monroe,  witli  a  capital  stock  of  five  hundred    ; 
thousand  dollars. 

A  bank  to  be  styled  "The  Bank  of  Grenada,"  to 
be  established  in  the  city  of  Grenada  and  county  of 
,L— 20 


162  LAWH  Of  Miaaiasrppi. 

Yailobusha,  with  a  capital   j»t.ock  of  five  hundred 
thousand  dollars. 

Abaak  to  be  styled  'Tlic  Band  of  Eatcrpri,<e," 
to  be  established  in  tlie  city  of  f]nterpri.se  and 
county  of  Clark,  with  a  capital  stock  of  five  hun- 
dred thousand  dollars. 

A  bank  to  be  styled  '-The  Bank  of  Ya/oo  City."' 
to  be  entablishcd  in  Yazoo  City,  county  of  Yazors 
■with  a  capital  stock  of  five  hundred  thousand 
dollai-s. 

A  bank  to  be  styled  the  "Cotton  Planters'  Back," , 
to  be  established   in    tlie  city   of  Columbus,   and 
county  of  Lowndes,  with  a  capital   stock  of  five 
hundred  thousand  dollars. 

Sec.  29.  Be   if  further  enacicd,  That    a    ))ank 

Bank  of  with  a  capital  stock   of  tliroe  hundred!  thousand 

iiiookhai  dollars,  to  be  called  tlie  "Bank  of  Brookhaveii,  may 

^°'  be  established,  organized,   and  conducted  in   the 

town  of  Brookhavcn,  in  the  county   of  Ijawrcncc, 

upon  the  same  plan  hereinbefore  prescribed  for  the 

JBank  of  Jackson. 

;Sec.  30.    Be    it  further  enacted,  That  the  Bank 
of  Enterprise  hereby  incor])orated  shall  have  a  cap- 
Bank  of  ^tal  stock  of  five   hundred  thousand  dollars,  and 
1i  uto  r-  whenever  one  thousand  shares,   aniounthig  to   one 
firLse.         hundred  thousand  dollars,  of  the  capital  stock  of 
said  Bank,  shall  be  su))scribed  for  and  secured,  as 
hereinbefore  directed,  a  meeting  of  the  stockhold- 
ers as  herein  directed  shall  1)0  held,  and  said  bank 
put  into  OfKjration.     And  any  stockholder  in  said 
bank,  who  is  a  citizen  of  this  State,  shall  be  eligible 
to  the  office  of  Director  therein,  without  regard  to 
the  number  of  shares  beholds.     And  in   all  other 
respects  whatsoever,  the  provisions  of  this  act  shall 
.extend  to  the  said  Bank  of  Enterprise, 

^EC.  31.  Be  it  further  enacted,  That    the  said 
banks  hereby  incorporated  shall  accept  in  payment 
TtMSurjr  of  all  dues  to  said  banks  or  either  »r  any  of  them, 
oot«8    rt-  q\\  treasury  notes  issued  by  virtue  of  or  under  any 
^^^it.  t^  1^^  ^^  ^^^^  ^^^  heretofore  passed  or  which  may 
the  bank.    ^^^  during  the  present  session  of  the  Legislature, 
and  may  pay  out  the  same  in  discharge  of  their 
liabilities.    A  refusal  on  the  part  of  said  banks,  or 
any  or  either  of  them,  so  as  to  receive  the  said  Trea- 
sury notes,  shall  amount  to  and  constitute  a  fovfci 


Ll'WS  OF  MIB9I8SIPH.  168; 

ture  of  charter,  which  maj  be  declared  in  any  di- 
rect proceeding  for  that  purpose,  instituted  in  tlie 
name  of  tlie  State  of  Mississippi  at  the  relation  of 
any  person  in  any  court  having  jurisdiction  thereof. 
Should  the  charter  or  charters  of  any  bank  or 
banks  hereby  incorporated,  l)e  declared  forfeited 
in  any  such  proceeding,  the  Judge,  Chancellor  or 
Court  before  whom  said  suit  or  siiitsniay  be  peud- 
,  ing,  shall  immediately  appoint  a  trustee  er  trustees 
to  take  charge  and  possession  of  all  the  property, 
effects  and  assets  of  such  bank  or  l)anks,  for  the 
purj^ose  of  winding  up  the  affairs  of  the  same  ;  un- 
der such  rules  and  regulations  as  said  Judge,  Chan- 
cellor or  Court,  may  adoj)t :  Providcil  That  this 
section  shall  not  apply  to  tlio  payment  by  the  stock- 
IToldors  of  their  subscription  to  the  capital  stock  of 
said  banks. 

Sec.  32  Be  if  further  enacted.  That  the  issues   -vr  . 
of  the  banks  prepared  to  lie   created  by   this   act  reived  for 
shall  be  received  in  j)aymcDt  of  State,  County  and  taxes. 
Municipal  taxes,  until  the  Legislature  shall  other- 
wise provide  by  law. 

?KC.  83.  liei'  fiirt/icreudcled.  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage 

Approved.  January  17.  1S02. 


CffAPTER  CXXXVlll. 

AN  ACT  to  provide  against  the  application  of  any  law 
suspneding  or  postponing  the  collection  of  any  general  or 
special  tax  whatever,  in  this  State  to  the  Military  tax 
imposed  by  the  ordinance  of  the  recent  sovereign  Conven- 
tion, entitled  an  ordinance  to  raise  means  for  the  defense 
of  the  State,  adopted  January  2Gth,  18G1. 

Section  1.  Be  it  macted  hi/  the  Legislature  of  the 
State  of  Mi.ssifisijyjri,  That  it  shall  be  lawful  for 
the  Sheriffs  and  Tax  Collectors  of  the  several  coun- 
ties of  this  State  to  collect  the  State  and  County 
taxes  for  the  year  ISOl,  in  the  current  notes  of  the 
four  following  banks  located  in  the  State  of  Tc«- 
nessec  :  The  Union  Bank,  the  Planters'  Bank,  the 
Bank  of  Tennessee  and  the  Bank  of  Memphis,  and 


LAWS  OF  MISSISSIPPI. 

the  current  bank  notes  of  banks  of  the  State  of 
Alabama  and  the  current  bank  notes  of  the  State 
of  Louisiana,  located  in  New  Orleans.  Provid.ed 
nothing  in  this  act  shall  authorize  the  Sheriffs  or 
Tax  Collectors  of  this  State  to  receive  any  thing 
in  payment  of  the  military  tax,  authorized  by  the 
ordinance  of  the  State  Convention,  except  gold  or 
silver,  or  the  treasury  notes  issued  by  order  of  the 
said  Convention,  payable  1st  day  of  June,  1862. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  January  28,  18b2. 


CHAPTER  CXXXIX. 

AN  ACT  to  authorize  the  Tax  Collecror  to  receive  certain 
Bank  Notes  in  payment  of  the  State  and  County  Taxes 
for  the  year  1861. 

Section  1 .  Be  it  enacted  hy  the  Legiskdure  of 
the  State  of  3Iis.sissippi,  That  no  law  suspending  or 
extending  the  time  for  the  collection  of  any  general 
State  or  County  tax,  or  of,  any  Corporation  levee 
or  other  special  tax  whatsoever  in  this  State,  or 
postponing  the  time  for  proceeding  to  collect  the 
same,  shall  be  so  construed  as  to  be  applied  in  any 
wise  wliatsoever  to  the  time  and  manner  of  col- 
lecting the  military  tax  imposed  by  the  ordinance 
of  the  recent  State  Convention,  entitled  an  ordi- 
nance to  raise  means  for  the  defense  of  the  State, 
adopted  January  26,  1861  ;  and  it  shall  be  the  duty 
of  all  the  collecting,  receiving  and  disbursing  of- 
ficers of  this  State  to  collect,  receive  and  disburse 
the  proceeds  of  said  military  tax  in  strict  and 
faithful  compliance  with  the  terms  and  requisitions 
of  sai<l  ordinance. 

Sec.  2.  Be  it  furthn- enacted .  Tiiat  tliis  act|shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  January  28,  1862. 


LAWS   OF   MISSISSIPPI.  165 

CHAPTER  OXL. 

AJS  act  to  revise  and  reduce  into  one  the   Militia  and 
Volunteer  laws  of  this  State. 

Sec.  1.  i?fi  U  enadal  by  the  lA'fnslnture  of  the 
State    of   Missisdppi,   That  tho  Governor  shall 
order  an  election  for  one  Major-Gcneral,  and  four 
Brigadier-Generals  of  the  Militia  of  this  State,  as 
80on  as  possible  after  tlie  passage  of  this  act :  said     ^j   . 
Glectien  shall  bo  held  by  the  sheriffs  of  the  respec-  q,  q  n*e  ral 
t.ive  counties  in  the  same  manner  as  elections  for  and  Brig* 
oivil  officers  are  now  held.     All  persons  subjeot  adier-G^- 
to  perform  military  duty  under  this  act  shall  be  or»l«  to 
entitled  to  vote.    '  A  plurality  of  votes  shall  l)0  *»  eleufd. 
SxifiBcient  to  elect.    Returns  of  said  election  shall 
b.e  made  to  the  Governor,  by  whom  the  persons 
elected  shall  be  commissioned.     Said  returns  shall 
then  bo  deposited  by  the  Governor,  in  the  office  of 
Adjutant-General.     Said  officers  shall  hold  their 
office  until  the  day  of  the  next  general  election 
for  State  officers,   and  until  their  successors  arc 
eomnussioned.     An  election  shall  asjain  bo   held 
for  snid  officers  on  tlie  day  of  the  next  general 
election  for  State  officers,   and  biennially  there- 
after ;  but  the  persons  so  elected  shall  l)old  their 
offices   until    their  successors  aiic   commissioned. 
Any  vacancy  occurring  in  either  of  said   offices 
shall  be  filled  by  tho  appointment  of  the  Gover- 
nor, and  the  person  so  appointed  shall  hold  his 
office  until  tlic  next  general  election,   and   until 
his   successor  is  commissioned.     Any  person   ai>  Vacancies 
pointed  to  till  a  vacancy  or  commissioned  upon  an  how  filled, 
election,   subsequent  to  the  first,  shall  take  rank 
according  to  priority  of  commission  :    Provided, 
That  each  Brigade  Division,   as   now  formed  by 
the  Convention  of  the  State,  be  qualified  to  elect 
a  Brigadier-General   for  each   Brigade,   and   tho 
electors  at  large  a  Major-General. 

Sec.  2.    Be  it  further   enacted.  That  each   of 
said  Brigadier-Generals  shall   appoint  a  day  iu      Greneral 
each  county  of  his  district,  commanding  a  general  ^'^ster. 
muster  of  all  persons  in  said  county  liable  to  do 
military  duty  under  this  act ;  and   the  eurollers 

L— 2 


166  LAWS  OF  MISSISSIPPI. 

hereinafter  ajipointed,   ?haJl  deliver  U)   the   Baid 
Brigadier-General  the  liRts  of  all  persons  to  en- 
rolled.    At  the  said  general  muster,  the  Brigadier- 
General,  with   the  ai?sistancc  of  such   person  or 
persons  as  he  may  appoint,  shall  proceed  to  form 
the  said   militia  into   companies  of  not  le?s  than 
forty-eight,  nor  more  than  one  hundred.     A  list  of 
Com  pany  the  persons  composing  each  company  shall  then 
officers  to  jj^  made  out  in  writing,  and   the  said   Brigadier 
bo  elect'd.  ^^^^y  then  and  there  order  an  election  to  be  held 
for  officers  of  the  respective  companie,",   by  such 
persons  as  he  may  appoint,  who  shall  make  to  him 
returns  of  said  election  as  soon  as  held .     Said  re- 
turns shall  be  transmitted  to  the  Governor,  who 
shall  commission  tlie  persons  elwted.  and  deposit 
said  return?!  in  the  office  of  the  Adjutant-General. 
Immediately   after  the   organization  of  the  said 
companies,   and  before  the  issuance  of  said  com- 
missions,   the   Brigadier-General    shall    instiintly 
proceed  to  form  the  said  compvanies  into  regiments, 
rtegimen-s  each  regiment  to  contain  not  less  than  eight,  nor 
to     be  more  than  ten  companies.     The  companies  com- 
forni  e  d  pQgji^g  (>ach  regiment  shall  be  numbered  A,  B,  C, 

^  rs  ele^-  ^^^  ^^  ^"'  ^^^  ^^^^^^  ^'^^  entere<l  on  a  list  contain- 
ed, ing  an  enumeration  of  the  same.  When  said  regi- 
ment shall  be  organized,  the  said  Brigadier  shall 
immediately  oRler  an  election  for  a  Colonel,  Lieu- 
tenant-Colonel, and  a  Major  for  each  regiment, 
and  shall  appoint  the  persons  who  shall  hold  the 
siime.  Said  persons  shall  make  returns  of  said 
elections  to  the  Brigadier.  v,'ho  shall  transmit  the 
same  to  the  Governor,  who  shall  issue  the  proper 
commissions,  and  deposit  said  returns  ii  the  office 
of  the  Adjutant-General.  A  majority  of  all  the 
votes  given  shall  be  necessary  to  elect  any  com- 
pany or  regimental  officer.  Upon  failure  to  elect, 
in  consequence  of  no  person  obtaining  a  majority 
of  all  the  votes  cast,  another  election  or  elections 
shall  instantly  be  ordered,  until  a  choice  is  se- 
cured. In  case  of  a  tie,  the  choice  shall  be  deter- 
mined by  lot,  dra-vsTi  under  tJie  direction  of  the 
P  sona  Brigadier-General.  Any  person  enrolled,  who 
habh  to  ^h^^l  QO^  answer  to  his  name  when  called,  shall  be 
fine.  fined  the  sum  of  five  dollars  :  any  person  not  en- 
rolled, who  shall  have  had  notice  of  said  enroll- 


J^W8  OF  MISSISSIPPI.  101 

ment,  or  of  the  day  of  Baid  general  muster,  and 
sliall  not  present  himself  to  the  Brigadier  or  en- 
roller  for  enrollment,  Bhall  be  fined  five  dollars. 
.Should  there  be  in  any  county,  persons  liable  to  do 
militia  duty  under  this  act,  more  than  sufficient  to 
form  one  or  more  companies,  the  said  Brigadier- 
General  may  dispose  of  them   in  his  discretion. 
Should   there  be  iu  any  county  more  companies 
tiian  are  required  to  form  one  or  more  regiments, 
the  said  Brigadier-General  may  form  them  into 
battiilions  without  reference  to  the  number  of  com- 
panies,  and  order  an  election  for  officers,   as  in 
other  cases.     The    said    Brigadier-General  iihall 
continue  his  organization  of  the  militia  as  above 
provided,  from  day  to  day,  until  the  same  is  com- 
pleted.    Said  company  and  regimental  officers  first 
elected,  shall  hold  their  offices  until  the  next  gen- 
eral election  in  this  State,  and  until  their  succes- 
sors are  conunissioned.     Elections  for  said  officers 
shallJie  held  at  tlie  next  general   election,   and 
biennially  thereafter  :  and  the  jiort^oiis  so  elected, 
shall  hold  their  offices  until  their  successors  are 
elected.     Any  vacancy  occun-ing  in  company  offi- 
cers shall  be  filled  by  an  election  to  be  held  by  the 
Colonel  or  other  conmianding  officer  of  the  regi- 
jnent,  to  whom  the  return  shall  be  made,  and  com- 
missions obtained  as  in  other  cases.     Any  vacancy 
occurring  in  regimental  officers  shall  be  filled  by  Vacanci's. 
an  election  ordered  by  the  Brigadier-General  of 
the  district  within  which  said  regiment  is  included, 
to  whom  the  returns  shall  be  made,   and  commis- 
sions obtainetl  as  in  other  e^ses.     Persons  elected 
to  fill  such  vacancies,  shall  hold  their  offices  until 
the  next  general  election,  and  imtil  their  successors 
are  commissioned.     Any  officer  authorized  to  or- 
der any  election  of  any  military  officer,  except  the 
election  of   Major  and  Brigadior-(}encral,   under 
this  act,  shall  appoint  Uie  necessary  returning  offi- 
cers, ins[»ectors  and  clerks,  who  shall  be  rccjuired 
to  serve  without  pay:  and  if  any  person   so  ap-      ^''.«f^ 
pointed  shall  wilfully  refuse  to  serve,  he  shall  be  ^r«'^** 
liable  to  indictment,  and  on  conviction  shall  be 
fined,not  exceeding  one  hundred  dollars,  or  impris- 
oned  not   exceeding  six  months,  or  by  both  meh 
fine  and    imprisonment ;  and  it  shall  be  the  duty 


168  LAWS   OF   MfSSrSSIPPI.  ^ 

of  the  officer  orderiiis^  such  elections  to  report  such 
failure  to  the  grand  jury  »f  the  proper  county. 

.  Sec.  3.     Be  if  further   enacted,   Tliat   the   said 

Major-General  shall  have  power  to  make  rules  and 

Powers  of  regulations  in  regard  to  the  resignations  of  officers, 

Major-  the  numbering  of   the  different  battalions,   regi- 

Geaeral.     ments   and  brigades,   and  to  define  the  dutiea  of 

non-commissioned  officer.-^. 

Sec.  4.   Be  it    further  enacted,  That  it  shall  be 
the  duty  of  the  Brigadier-Generals  to  appoint  two 
or  more  persons  from  each  police  district,  in  each 
EnroUers  ^•^^'^^X'  ^^  their  respective   districts,  whose  duty 
appointed  ^^  shall  be  to  enroll  every  free  white  male  citizen 
and  how  or  resident  alien,  over  the  age  of  eighteen,  and 
paid,  under  fifty,   and  make  report  thereof  to  the  said 

Brigadier-Generals,  within  such  time  as  said  Brig- 
adier-Generals may  appoint.  Persons  may  be 
allowed  the  sum  of  two  dollars  per  day  for  each 
day  so  employed,  not  to  exceed  five  days  in  any 
case.  Said  money  shall  be  paid  out  of  the  treas- 
ury of  the  Slate,  upon  the  order  of  the  Brigadier- 
General,  presented  to  the  auditor.  Said  Brigadier- 
General  may  remove  any  person  so  appointed,  and 
appoint  others,  and  may  refuse  to  draw  his  order 
in  favor  of  such  persons,  if  lie  believes  they  have 
not  faithfully  discharged  t'neir  duties.  Any  per- 
son so  appointed  who  shall  fail  faithfully  to  per- 
form the  duties  here  required  of  him,  shall  be 
liable  to  indictment,  and  on  conviction,  shall  be 
fined  in  a  sum  not  less  than  ofie  hundred  dollars. 
Sec.  5.  Be  it  further  enacted.,  That  whenever 
j)j,j^fj^  the  President  of  tlie  Confederate  States  shall  call 
when  to  on  the  State  of  Mississippi  for  troops,  or  whea  the 
be  order'd  public  safety  may  re(juiro<  and  the  requisite  num- 
ber of  volunteers  do  not  respond  to  such  call,  the 
Governor  shall  order  a  draft  from  the  militia 
therefor,  under  the  following  regulations  and  restric- 
tions :  He  shall  direct  the  several  commanders  of 
companies  to  assemble  their  respective  commands, 
and  to  prepare  a  number  of  tickets  equal  to  the  num- 
ber of  men  in  sucli  company,  which  tickets  shall  be 
numbered  and  placed  in  a  hat  or  box,  and  well 
shaken  together;  the  company  roll  shall- then  be 
called,  and  each  member,  when  his  name  is  called, 
ahall  proceed  to  draw  from  the  hat  or  box,  and  the 


LAW8   OF   MlSSieSIPI'I.  169 

number  of  the  ticket  thus  drawn  shall  be  phiced  op- 
posite his  name,  and  so  on  throughout  the  company, 
till  the  tickets  all  be  drawn.  And  when  such  call  is 
completed,  tlie  lowest  numbers,  commencing  at  one, 
two,  three,  and  so  on,  and  continuing  up  to  the  num* 
ber  required  of  such  company,  sliall  constitute  the  {je^^f^ 
draft :  Provided  that  any  person  80  drafted,  may 
ojffer  a  substitute,  at  or  after  the  time  for  the  rendez- 
vous, such  substitute  to  be  an  able-bodied  man,  and 
shall  consent  in  writing,  to  subject  himself  to  all  the  .  ^^^^\' 
duties,  fines,  forfeitures,  and  punishments  to  which 
his  principal  would  have  been  subject,  had  he  per- 
sonally served  ;  ^nd  provided  further,  that  one  of 
the  officers  shall  draw  for  every  person  subject  to 
draft  who  shall  refuse  to  draw,  or  be  absent  from 
the  parade,  and  such  draft  shall  have  the  like  effect, 
as  if  the  person  refusing  or  absent,  had  drawn  for 
himself.  Any  able-bodied,  free,  male  citizcii  or  re- 
sident alien,  of  the  age  of  fifty  years  or  upwards, 
who  may  desire  to  be  enrolled  in  the  militia,  shall 
be  permitted  to  do  so,  upon  proper  application  to 
the  proper  officers.  Any  person  liable  to  military 
duty  under  the  provisions  of  tliis  act,  who  shall 
produce   a  certificate  of  his  inability  to  perform  % 

such  duty  from  some  apparently  permaneni  cause, 
attested  by  a  practising  physician,  and  approved  by 
the  surgeon  of  the  regiment  after  one  shall  be  ap- 
pointed, shall  be  excused  from  said  duty  or  service. 
Persons  liable  to  perform  military  duty,  moving 
into  a  captain's  beat,  and  those  arriving  at  the  age  Persons  to 
of  eighteen  years,  after  the  first  enrollment,   shall  [  v  ^  *^  ^  ' 
report  themselves  for  enrollment  to  tlie  commanding  ggi^es  for 
officers   of  the  company,  and   on    failure  to  have  rollment. 
themselves  enrolled,  shall  be   fined   iive   dollars, 
when  the  fact  be  brought  to  the  knowledge  of  said 
commanding  officers,  who  shall  then  enroll   such 
party,  who  shall,  in  all  respects  be  ajiswcrablc  to 
the  provisions  of  this  act.     Notice  to  a  person  to 
attend  any  company,  battalion,  or  i-cgimental  drill 
shall  be  sufficient  notice  to  such  per.son   of  his  en- 
rollment. 

Sec.  G.  Be  it  Jurther  enacted,  That  every  ser- 
geant, corporal  and  private  shnll  a])]»car  at  any 
company,  battalion  or  regimental  diill,  or  call  into 
service,  with  the  best  gun  of  wMiich  he  is  owner,  or 


170 


«'.S  OF   MISBISSIPPI. 


GUDS  to 

be  in  good 
order. 


Fines  and 
how  col- 
collected. 


When  10 
drill. 


of  which,  he  is  in  possession,  together  with  sach 
military  accoutrements  as  he  may  own  or  possess. 
Every  person  enrolled  is  hereby  required  to  appear 
at  every  drill  or  other  scrvic^e  witli  a  gun,  and  to 
keep  his  gun  in  good  order  and  repair  for  immediate 
use,  and  the  same  shall  be  subject  to  the  inspection 
of  the  corauianding  officer,  or  other  officer  appointed 
by  him  for  tliat  purpose.  Any  person  presenting 
himself  at  any  drill,  or  for  service  without  a  gun, 
or  whose  gun  is  not  in  good  condition  and  repair, 
'  shall  be  summoned  to  appear  before  a  court  martial, 
to  be  held  immediately  after  such  drill,  or  othej' 
time  in  the  discretion  of  the  commanding  officer, 
to  be  composed  of  the  commanding  officer  and 
lieutanants  of  said  company,  or  a  majority  of 
tliem,  to  answer  such  defiiult.  On  failure  to  excuse, 
a  fine  of  five  dollars  shall  be  imposed  upon  said 
delinqucut,  for  which  a  judgment  may  be  rendered., 
and  an  execution  issued  thereon,  against  said  party, 
which  shall  be  directed  to.  and  collected  by  the 
orderly  sergeant,  in  the  same  manner  as  executions 
are  now  required  to  be  collected  by  sheriffs  m 
civil  cases.  Said  orderly  shall  make  his  return 
thereon,  to  the  commanding  officers;  and  all  fines 
collected  shall  be  expended  under  the  direction  of 
the  commanding  officer,  for  the  benefit  of  the  com- 
pany. A  record  shall  be  kept  by  tlie  commander, 
of  all  proceedings  had  in  reference  to  the  matteri? 
contained  in  tliis  clause  of  this  section  ;  tliis  clause 
shall  not  conflict  with  chapters  nine  and  ten,  of  the 
act  to  regulate  the  militia  of  this  State,  incorpora- 
ted in  this  act,  in  relation  to  courts-martial,  and  the 
collection  and  appropriation  of  fines,  but  shall  be 
an  addition  thereto,  and  applicable  to  the  s]}ecial 
matters  in  tliis  clause  contained. 

Sec.  7.  Bt  >'t  fnHher  enacted,  That  it  shall  be 
the  duty  of  the  comnumding  officers  of  the  militia 
(companies  to  jii<semble  the  same  for  j>ara.de  and 
drill  on  every  other  Saturday,  beginning  at  eleven 
o'clock,  A.  M.,  and  continuing  for  at  least  three 
hours  ;  and  a  battalion  drill  shall  be  had  once  in 
every  eight  weeks,  beginning  at  11  o'clock,/.  M., 
and  continuing  at  least  four  hours  ;  Provided,  that 
where  there  arc  not  men  enough  in  the  county  to 
form  more  than  one  company,  said   company  shall 


LAWS  -OF    MJSSISSIHM.  l7l 

[yQ  exempt  from  batUilion  or  regimental  parades. 

Sec.  8.  Be  it  further  enacted,  That  any  private, 
corporal  or  sergeant,  not  apj)Garin,s;  at  a  company,  p-j^t.^ 
battalion  or  regimental  drill,  shall  be  fined  not  ox- 
(■jeeding  three  dollars,  unless  excused. 

Sec.  9.  Be  it  further  enacted,  That  any  private, 
rfcrgeant  or  corporal,  wlio  shall  appear  at  any  bat- 
talion or  regimental  drill  without  a  gun,  or  who      p     .. 
shall  appear  \vath  a  uun  not  in  good  order  and  re-  ^^  /ffuns 
pair,  for  immediate  use,  shall  be  subject  to  the  ex-  not    in 
amination  by  the  commander  of  said  battalion  or  goo<lonler 
regiment,   and  subje(;t  to .  the  same  penalty  to  t>e 
determined  in  the  same  manner  as  provided  for  in 
the  sixth  section  of  this  act,  in  relation  to  company 
drills.     The  collection  and  appropriation  of  fines 
i\s  adjudged,  to  be  collected  and  appropriated  under 
the  general  jn-ovisions  in  relation   to   regimental       ,,?  ^    " 
eourts-martial,  the  court  martial  to  be  lield  imme-  consist  of. 
diately  after   the  drill,  as   provided  in  the  sixth 
section,   shall  consist  of  a  commander   of  the  bat- 
talion  or   regiment,  and  such   other  officers  then 
^    present  as  he  may  determine. 

Sec.  10.  Beit  /ur(kerenaded/r\\^i  upon  a  call 
into  active  service  of  the  militia,  the  same  shall  be 
conducted  by  and  under  the  command  of  the  then 
commanding  officer,  and  of  the  companies,  at  least 
one  lieutenant  to  the  respective  places  at  which 
the  said  militia  may  be  required  to  rendezvous.  , 

Upon  reaching  their  destination,  the  militia  shall  vl  ^'^  *^ 
bo  organized  into  companies,  battalions,  regiments,  :j,^  ^^ 
and  brigades,  by  a  Brigadier-General,  assisted  by 
»ucli  persons  as  he  may  appoint,  and  sliall  proceed 
to  the  election  of  the  proper  officers  as  herein  pro- 
rided  in  regard  to  this  first  organization  of  the 
militia ;  said  officers  shall  be  commissioned  as  in 
©ther  cases.  Should  any  commissioned  officer  be 
included  within  any  call  into  active  service,  or 
sliould  any  such  officer  volunteer  to  join  any  such 
iictive  service,  the  vacancy  thereby  occasioned 
shall  be  filled,  and  the  person  elected  or  appointed, 
hold  his  office  as  in  other  cases  of  vacancy.  All 
companies,  battalions,  regiments  and  brigade^--. 
shall  retain  their  organization  after  any  such  call. 
n  the  same  manner  as  if  ^aid  call  had  not   been 


172  LAWS   OP   MlSS78SlPPr. 

made,  except  as  herein  provided,  in  relation  to  the 
appointment  or  election  of  officers. 

Sec.  11.   Be  it  further  enacted,  That  the  offi- 
cers of  the  militia,  subordinate  to  the  Commander- 
in-chief,  in  addition  to  the  said  Major-General,  and 
AoDoint-  ^^^^  Brigadier-Generals,    shall    be    as    follows : 
m^nf  and  "^^^   ^^^^  *^^  ^^^  Commander-in-chief  to  be   ap- 
r.»nk    of  pointed   by  himself,  to  consist  of  one  Adjutant- 
©flScers.      General,  with  the  rank  of  Colonel,  one  Chief  of 
Ordnance,  with  the  rank  of  Colonel,  one  Quarter- 
master-general, with  the  rank  of  Colonel,  and  one 
Aid-de-camp,  with  the  rank  of  Colonel.    To  each 
regiment  there  shall  be  one  Colonel,  one   Lieu- 
tenant-Colonel,  and  one  Major,  with  a  staff,   to- 
consist  of  one  Adjutant,  one  Quarter-Master-Gen- 
eral, one  Surgeon,  and  one  Judge  Advocate,  each 
with  the  rank  of  Captain  ;  also,   one  Sergeant- 
Major,   one  Drum-Major,   one  Fife-Major,  and  a 
Chaplain.     The   said  sta^fif   officers  shall  be   ap- 
pointed bj  the  colonels  of  the  regiments. 

Sec.    12.  jBe  it  further  enacted,  The  Brigade 
staff,  consisting  of  one  Brigade-Inspector,  one  Bri-^ 
gade  Judge  Advocate,   one  Quarter-Master,  with 
Brigade  the  rank  of  Major,  and  one  Aid-de-Camp,  with  the 
and  Regi-  rank  of  Lieutenant,  shall  be  appointed  by  the  sev- 
Staff^  *ffl^  ^^'^^  Brigadier  Generals.    The  Regimental   Staff, 
j^jg    ^    '  consisting  of  one  Adjutant,   one  Quarter-Master, 
with  the  rank  of  Captain,  one  Surgeon,  one  Judge 
Advocate,  one  Sergeant-Major,  one  Drum-Major, 
one  Fife-Major,   and   one  Chaplain  for  each  regi- 
ment,  shall  be  appointed  by  the  several  colonels. 
All  Staff    officers  who   may  be  appointed,   shall 
hold  their  respective  offices  during  tlie  continuance 
of  the  officer  from  whom  tliey  received  their  ap- 
pointment, unless  such  officer  shall  sooner  vacate 
such    appointment.     Every  commissioned   officer, 
C>ath:         before  he  enters  on  the  duty  of  his  office,  shall  take 
the  oath  prescribed  in  the  Constitution  of   the 
State,  before  some  judge  of  a  court  of  record,  jus- 
tice of  the  peace,  some  general  or  field  officer,  who 
has  previously  taken  it  himself,  and  who  shall  then 
be  authorized  to  administer  the  same  :  a  certificate 
shall  be  endorsed  on  the  back  of  the  commission, 
but  no  pay  or  fee  shall  be  given  or  received  for 
administering   any  such  oatli  or  endorsement  of 


LAWS  OF   MISSISSIPPI.    .  178 

certificate.  The  commanding  officer  of  each  com- 
pany shall  appoint,  by  warrant,  under  his  hand  Company 
and  seal,  five  sergeants,  four  corporals,  one  drum-  officers, 
raer  and  one  fifer,  who  phall  serve  for  two  years 
fram  date  of  their  appointments,  unless  vacated 
by  promotion  or  draft,  into  actual  service,  or  vol- 
unteering into  the  service  of  the  State  or  Confed- 
erate States. 

Se*-.  13.  Be  it  farther  enacted,  That  every  officer 
who  shall  remove  out  of  the  bounds  of  his  com-  .  ?^-^ 
mand  without  tendering  lijs  resignation,  and  every  absent.^°^ 
officer  who  shall  be  absent  from  his  command 
three  months,  witoout  leave  of  his  immediate  com- 
manding officer,  iliall  thereby  vacate  his  office,  and 
shall  be  liable  to  an  indictment  therefor  in  the 
Circuit  Court  of  the  county  of  his  residence ;  and 
upon  conviction  shall  ))e  fined  not  more  than  one 
hundred  dollars.  An  election  sliall  innnediately 
be  ordered  to  fill  anv  vacancy  thus  occuiing. 

Sec.  U.  Be  it  /urther  enaded.  That  it  shall 
be  the  duty  of  the  Major-General  to  rcjwrt  to  the 
Commander-in-Chief,  whenever  required,  the  num- 
ber and  condition  of  the  militia  and  volunteer 
forces  of  the  State,  to  arrest  any  Brigadier  Gener- 
al against  whom  charges  may  be  exhibited,  and 
order  a  Court  iNIartial  for  his  trial  ;  to  review  the  Duties  of 
volunteer  and  militia  forces  of  the  State  at  such  MajorGen 
times  and  places  as  he  shall  apjjoint,  not  less  than  ^^^^' 
twice  in  each  year  ;  to  obey  jill  orders  given  him 
by  the  Commander-in-Chief;  and  promptly  and 
energetically  to  do  and  perform  every  act  which 
shall  in  any  way  conduce  to  the  innnediatc  and 
complete  organization,  training  and  cifectiveness 
of  all  the  volunteer  and  militia  forces  of  the  State 
here  jilaced  under  his  general  connnand.  Upon 
his  failure  thus  to  perform  the  duties  he  assumes  to 
discharge,  he  shall  be  liable  to  arrest  l)y  the  Gov- 
ernor, and  trial  for  his  neglect  by  a  Court-Martial 
specially  organized  by  the  Commaude-in-Chief,  and 
upon  conviction  shall  forfeit  his  office,  which  said 
forfeiture  the  Governor,  by  itroclamation,  shall 
declare. 

Sec.    15.  Be  it    further  enact- d,  That   tlie  Ad- 
jutant-General shall  receive  for  his  services  one  ^dluton*^ 
thousand  five  hundred  dollars  a  year.  General. 

L — 6 


174  LAWS  OP  MISSISSIPPI. 

Skc.   16.  Be  it  further  enacted,  That  the  Quarter 
Master-General,  wlio  shall  also  act  as  Commissary 
Salary  of  ^^^^  Pay-Master  General,  and  perform   such  other 
Quart  e  r    duties  as  may  be  required  of  him  by  the  Governor, 
Master.      shall  receive  for  his  services   fifteen   hundred  dol- 
lars a   year.     The  Quarter-Master   is   authorized 
to  employ  a  Clerk  in  his  department,  if  the  services 
of  such  Clerk  be  demanded  by  the  public  interest, 
who  shall  receive  not  exceeding   the   sum  of  one 
tliousand  dollars  a  year,  and   in   that  proportion 
for  sucli  time  as  he  may  be  employed. 

Sec.  \1.  Be  it  further  enacted.  That  all  com- 
jnissioncd  and  staff  officers  of  brigades,  for  failure 
to  comply  witli  the  provisions  of  .this  act,  shall 
Fines.  be  fined  not  exceeding  one  hundred  dollars ;  Col- 
onelr!.  Lieutenant-Colonels,  Majors  and  Staff  officers 
of  the  Conolel,  for  failure  so  to  comply,  shall  be 
fined  not  exceeding  seventy-five  dollars ;  Captains 
and  Lieutenants,  for  failure  so  to  comply,  shall  be 
fined  not  exceeding  fifty  dollars ;  Orderly  Sergeants 
for  failure  to  discharge  tlieir  duties  as  by  this  act 
required,  shall  be  fined  not  exceeding  twenty-five 
dollars. 

Sec.   18.  Be  it  further  enoded.  That  the  volun- 
.,  .     teer  companies  may  be  formed  to  consist  of  not  less 

to^  insist  *^^''^"  sixty-four  nor  more    than  one  hundred  men, 
of.  and  to  assume  such  name  as   they  may  select ;  said 

companies  shall  be  entitled  to  elect  tlicir  Captains 
Lieutenants,  and  the  names  of  the  persons  so  selec- 
ted, together  with  the  list  of  the  members  of  such 
companies  shall  be  returned  to   the  office  of  the 
Adjutant-General,    and    on    receipt    thereof,    the 
officers  so  elected  shall   be   commissioned   by  the 
When  Governor.     Said  company   or  compai\ies,  when  so 
mustered  organized,  shall  be  considered  as  thereby  mustered 
'"■  into  the  service  of  the  State  ,  of  Mississippi,  and 

shall  be  enrolled  in  the  office  of  the  Adjutant-Gen- 
eral, in  the  order  in  which  they   are  received. — 
Transfer-  c^^id  company  or   companies,   when  so   organized 
*^^*'  and  enrolled,  shall  also  be  subject  to  be  transferred 

by  the  Governor  to  the  service  of  the  Confederate 
States,  for  a  term  not  longer  than  twelve  months 
from  the  date  of  the  said  transfer,  unless  said  com- 
pany consents  to  a  transfer  for  a  longer  time.  The 
2[»ictioQ.  election  of  said  officers  may  be  held  by  any  com- 


LAW3   OF    MIS8fHSII»Pl.  ITf) 

iiisdioncd  officer  of  tho  militia  of  the  county  in 
Tvhicb  said  company  is  organized,  and  the  return 
of  said  election,  and  list  of  said  company  shall  be 
returned  by  him,  with  his  certificate  api>cnded 
thereto. 

Sec,   19.   Be   it  further   emiNal,  That    all  vol- 
antecr  companies,   formed  and  eni-olhxl  under  tho       Volun- 
foregoing  section  nhall  be  entitled  to  adopt  a  con-  ^^'^^^    ^^- 
stitution  and  by-laws   for  their  own  government.  ^^^  ' 
and  shall' be  exempted  from  militai  duty   pre^-^crib- 
cd  by  this  act. 

Sec.  20.  Be  it  further  enacted.  Tliat  wlien  a 
demand  shall  be  made  for  troops  by  the  I'residcnt 
r.f  the  Confederate  States,  or  other  competent  p'^^^f?^^^' 
authf)nty,  upon  the  Governor  of  iho  Srate.  the  ate  stat^cV 
Governor  shall  order  into  the  service  ol  tiie  Con- 
federate Stales  as  many  of  the  said  volunteer  com- 
panies or  regiments  as  may  be  necessary  to  com- 
ply with  tlie  said  requisition.  Should  any  requisi- 
tion not  be  met  by  the  volunteer  companies  so 
enrolled  as  aforesaid,  the  Governor  is  hei-eby 
authorized  to  transfer  tiie  number  of  troops  neccs- 
i-iary  to  complete  the  same  from  the  different 
counties  of  the  State  in  proportion  to  the  number 
of  their  enrolled  militia  and  vohmloers,  as  |)rovi- 
(led  in  fifth  section. 

Skc.  21.  Be  if  further  enacted.  That  the  Major- 
Gcurral  shall  form  the  volunteer  companies  that  ^*'>"o"^ 
may  be  enrolled  in  the  office  of  the   Adjutant-Gen-  and^bri"^- 
eral,  into  such   battalions,   regiments,  or  biigade  ades  to  U- 
districts   as  he  may  deem   advisable.     AVhen  the  formed, 
number  of  enrolled  companies   required  to  form  a 
regiment,  shall   exist  in  a    regimental  district,  the 
Brigadier-General    conunanding     shall    order   an 
election  of  field  officei*s  for  such  regiment,  and  shall 
prescribe  the  time  and  place  for  holding  the  same.      ^.^^ 
Said  electionshall  be  l>y  ballot,   and  a  majority  of  eiectSL^*^^ 
all  the  voters  cast  shall  be  necessary  to  a  choice. — 
The  Brigadier  General  shall  transmit  to  the  Adju- 
tant General  the  returns  of  said  election,  and  there- 
upon commissions  shall  be  issued  by  the  Governor. 

Sec.  _  22.  Be  it  further   enacted,  That  the  only 
exemption  from  military  duty,  excepting  those  who      Persons 
may  present  a  certificate  as  defined  in  the  provis-  «x»n>ipt. 
ion?  of  this  act,  shall  be  members  of  the  Legislature. 


176  LAWS  OP  MISSISSIPPI. 

Treasurer,  Secretary  of  State,   Auditor,   Attorney 
General,  Judge  of  the  High  Court  of  Errors  and 
Appeals,   and  Clerk  of  the   same  ;    Judges  and 
clerks  Of  Circuit  Courts;  Probate  Judges,   clerk 
of  Probates,  Boards  of  Police,  sheriffs  and  Assessors, 
Telegraph  Operators,  Railroad  Agents  and  opera- 
tors, and  those  exempted  by  the  Confederate  laws. 
Sec.  23.  Be  it  furtlier  enacted,  That  sections 
nine  and  ten,  of  chapter  thirty-four,  of  the  Revised 
Sections  9  C!ode,  defining  the  organization  powers  and  duties 
and      10  of  Courts   Martial,  are  hereby   declared  to  be  a 
Eev  1  s  e  d  part  of  this  act,  and  all  fines  imposed  thereby  shall 
Code.         be  collected  and  appropriated  as  therein  prescribed. 
Should  any  warrant  issued  to  collect  the  same  be 
returned  ''nnlla  bona,^'  the  proper    Court  Martial 
may  impose  such   military   discipline  upon  said 
defaulter  as  in   their   discretion  may   be  deemed 
reasonable  and  proper. 

Sec.  24.  Be  it  further  enacted,  That  all  other 
acts  and  parts  of  acts  in  relation  to  the  volunteer 
and  militia  system  of  this  State  are  hereby  repeal- 
ed ;  and,  also,  an  ordinance  to  "regulate  the  mili- 
Actsre-  tary  system  of  the  State  of  Mississippi,"  adopted 
pealed.  January  23d  li-61,  is  hereby  repealed;  and  this 
act,  with  said  sections  nine  and  ten,  of  chapter  31st 
of  the  Revised  Code,  shall  constitute  the  entire 
laws  in  relation  to  the  military  system  of  the  State 
of  Mississippi. 

Sec.    25.   Be    it  furtJur  enacted,  ThSit  the  sa^me 
pay  be  allowed  all  officers  and  soldiers  ordered  into 
^^'  active  service  under  the  provisions  of  this  act  as  is 

allowed  by  the  Confederate  Government. 

Sec.  26.  Be  it  further  enacted,  That  the  Gov- 
ernor is  hereby  required  to   have   one   thousand 
No.  copies  copies  of  this  act,  together  with  said  sections  nine 
printed,      and  ten  of  chapters  thirty-four  of  the  Revised  Code, 
printed  in  pamphlet  form,   and   distributed  to  the 
various  military  officers  of  the  State. 

Sec.  10.  Beit  further  enacted,  That  this  2iCtshil\ 
take  effect  and  be  in  force  from  its  passage. 
Approved  January  24,  1862. 


LAWS  OP  MISSISSIPPI.  177 

SECTIONS  IX  AND  X  OF  THE  REVISED 
CODE,  REFERRED  TO  IN  SECTION 
TWENTY-THREE  OF  THE  FOREGOING 
LAW. 


SECTION  IX. 

Of  Courts-Martial  and  CJourts  of  Inquiry. 
1.     OF    COMPANY    COURTS-MARTIAL. 

Art.  1 18.  Company  courts-martial  are  detailed    Compooy 
by  the  captain  of  each  company,  on  the  first  Satur-  cou  rts  - 
day  of  May  in  each  and  every  year,  and  hhall  con-  ™^''*'*^- 
slat  of  the  commanding-  officer  thereof,  as  president, 
ajnd  his  sul)alterns  ;  and  if  it  shall  at  any  time  hap- 
pen that  any  company  ]xi  deficient  in  commiasioued 
officers,  one  or  more  non-commissioned  officers  shall 
Im3  detailed  upon  such  court,  so   that  each   court 
i^hali  bo  composed  of  three  members. 

Art.  119.  No  member  of  a  company  court-mar-  J^eu^  not 
tial  shall  be  challenged  on  account  of  his   having  challeng'd 
reported  the  delinquency  of  any  person  on    trial, 
when  by  law  it  was  his  duty  to  do  so  ;   but  every 
such  member,  notwithstanding  such  report,  shall  be 
deemed  competent. 

Art.  120.  If  the  members   of  such  court   shall  ^.j^g^"^' 
fail  to  convene  on  the   day   appointed,  the   court  journed.  ' 
shall  stand  adjourned  until  the  next  day,  when,  if 
the  court  be  not  formed,  it  shall  stand  adjourned 
without  day  ;  and   all   cases   of  deliquency   shall 
,*:tand  continued  to  the  next  court. 

Art.  121.  The  president  and   members  of  the      *^^  *^^ 
court,  before  they  shall  enter  u|K)n  their   duties  as  ™®™"^'^- 
such,  shall  take  an  oath,  one  to  the  other,  to  render 
impartial  justice  to  all,  according  to  law,  and  to  the 
best  of  their  knowledge. 

Art.  122.  Every  such   court   when   organized,     Jurisdic- 
shall  have  jtirisdiction  of  all  delinquences,  failures  ^'O"- 
and  neglects  of  non-commissioncdomcers,  musicians 
and  privates,  of  the  company  for   which  the  same 
shall  have  been  detailed. 
L— 21 


178  • '  ■  ^  'fjA^  'OF^'iiiMHSippi. 

Cases  tak^-' •  '^Ailtfh  2sP¥']ie'6(i)mt  iMaYl-  take  up  tl]?e"cak^'  to 
on   up  ii^fb^triey,  in  tic  oi-cler  iA'^'liaSiriWjJ  staiid(iSj>dn  the 
erder.      , .  ^^Kytt':^:  &3 >d  if;  %%G  dtlmqU^U] I  lisLvrng'; '^xn^ti '  duly 
served  with  a  notice,  does  not  appear,  opvrender  a 
sufficient  excuse  by  affidavit,  judgment  shall  forth- 
with be  entered  against  him  for  the  proper  fine. 
Art.  124.  Every  such  court-martial  may  miti- 
Fine,  gate,  or  wholly  remit,- any  p^^alty  or  fine,  directed 
w'hen   re-  to  be  imposed  for  any  defici0iicy  in  arms,  or  equip- 
mitted.       ments,  of  any  delinquent  whom  the   court  shall 
judge  so  pOor  as' not  to  bcirtble  to"^  furnish  himself 
with  such  arms  or  equipments  ;  and  such  court  may 
mitigate  o'r  remit  any  fine  agaiihst  a'  delinquent,  on 
a  sufficient  excuse  being  shown    by  affidavit   in 
'  writingl-       ^  ''''■■    ''  '■   ' '     '■'■''-  ■     '  •'■•  ■ 

Art.  125.  From  the  senteiice  of  any  sucli  court, 

Appeal  to  gYQj.y  person- thinking  himself  aggrieved,  may  ap- 

taf  court."  peal  to  the  rie^imeht&l  court-martial;  by  filing  his 

petition 'in   writing,  with    the  president  thereof, 

praying   such  appeal,   tvithin   ten   days  ofter  the 

rendition  thereof. 

Art.  126.  It  shall  be  the  duty  of  any  such  pre- 
sident, to  endorse  upon  such  petition,  the   date  of 
Petition  to  the  filing  thereof,  and   transmit  the  feame  ''  to  the 
!^.  *'^°^*  commanding  dfficer  of  the-  regiment,  and  no   peti- 
mitted.       tion  filed  otherwise  than  is  herein  directed,   shall 
be  deemed  an  appeal. 

^,   ,  2.    OF    REGIMENTAL  COURTS-MAHTJAL. 

',(1  ■ 

Art.  127.  Regimental  courts-martial  aredetail- 

jiggjjjjgj^,  ed  twice  in  each  j^ear,  by  the  colonel  of  the  regi- 

tal  courts-  mcnt,  at  such  times  and  places  as  he  shall   direct, 

martial.      and   shall  consist  of  the   colonel  or   connnanding 

officer  thereof,  as  president,  the  lieutenant-colonel, 

and  the  major,  and  four  of  the  senior  captains;  of 

in  the  absence  or  inability  to  serve  of  either  or 

thei^c,  of  the  seven  officers  higlicst  in  rank   of  the 

regiment,  any  five  of  whom  shall  Constitute  a  court. 

Art.  128.  Every  member  of  such  court,  before 

^t!^°^  he  shall  enter  on  his  duties  as  such,  sliall  take  be- 

members,    ^^^^  the  regimental  judge-advocate,  the'  following 

oath,  ' -I  do  swear  or  affirm,  that  I   will   well   and 

truly  try,  and  determine  according  to  evidence,  all 

matters  between  the  State  of  Mississippi  and  any 


LAWS  OP  MISSISSIPPI.  179 

person  or  ]K?ri^on?,  Avhicli  shall  come  before  a  rf'gi- 
iifciital  court-martiul'.  of . whicli  Thave  been  appoint-  ' 

ed  a  member."    '-'''^^  ••      '■'■      f  i'   ■     .sir.';  .       ^•' 

'Art.  129.  S'lWH ^6Wrt-«ltti<^{ittl  wheu  di%  organ-    Jurisdic- 
ized,   sliall   have   jinf^iBdicfiOrt  of  all  ap^tils;  from  tion* 
cdhipany  cOiirt.'^-maftial.  ah<.l'<'>f  th«Si  'assessments  of 
fiiicsHjibi'i  captain^;  lielltenfvVils;  an4'  staff  officers  of 
tltd  i-egiinent.     '         "•(■-••       :::'>{■■         ,;. 

'"Art.  1 30.  Tlie  retiirfis  of  thd^ proper  '  officers,  Ketiffbi  of 
made  in  j)ui-su;incc  of  tliis  act.  shall  be  received  by  °™*l^  '  °  > 
s'^cli  court  a^;  evideiice,  together  Avitli    such  affida-  ^^^^  *''" 
v^ts,  OS  ma>-   l)e  ])re^feritedi   to^itching  'th^  material 
irtattJors  in  question;       •      "■  ■  •  :     •    '      ■  "*'' 

'Art.  131.  In  all  cas<^  of  appeals;  the  burden  of  Appeals  to 
proof  sluill  bo  upon  tlic  appellant,  ftnd' the  decision  brigade 
of  the  court  sliall  be   linal   tliorcon  ;  iii  all  other  *^'^"'"*- 
eases,  an  ajipoal  may  bo  taken  from  the  sentence  of 
this  court  to  the  l)riua(le  court-martial,  in  the  same 
riianner,  as  is  })rescribed  in  appealsfrom  a  company 
conrt-mnrtinl. 

:'..    OF  llincADE  COURTS-JIARTIAI- 

Art.  132.  A  brigade   court-martial  shall  be  de- 
tailed annually,  in  each  In-igadc,  to  convene  at  such 
time  and  place,  a^>^  tlic  In-igadier-gcneral  shall  direct.      Brigade 
and  shall  consist  of  the  brigadier-general  and  six  ecu  r  t  s  - 
cbminissioned  officers  of  the  line,  two  of  vt^liom  at  ™*''''*'- 
least,  shall  be  of  the  rank  of  colonel,  and  none  be- 
low the  rank  of  ca))tain,  any  live  of  wliom  shall  be 
sufficient  to  constitute  a  court. 

Art.  133.  Tlie  brigadier-goiicral  when  present    President 
shall  be  jtresidcntof  tlie  Vu"igadc  court-mai-tial,  and  oftheco'rt 
in  his  absence,  the  senior  ofhccr,   highest  in  rank, 
shall  preside.  •         '  .■;i;  •  t  vk.    .  !;o 

Art.  134.  EVery  member  cf  the  ccmrt,  before  he 
shall  enter  on  his  duties  as  such,  shall  take  before 
the  Judge  advocate  of  the  lu-igade,   tlie  following      n  th  o 

oath.  "I do  s^venr  or  affirm,  that  I  will  well  members. 

and  truly  ti  y,  and  dotermine  according  to  the  evi- 
dence, all  matters  ]>et\veon  the  H-tate  of  Mississippi,  : 
and  any    peV!*on'  or  persons,   which   sha/ll    come 
before  a   brigade  conrt-martial.  of  which  I  have 
bi6«n  appointed  a  n^omber."' 

Art.  135.  Sdch  coni^t  when  duly  organized  shall 

■  <■■•■  i         'Iff! 


180  LAWS   OP  MISSISSIPPI. 

Jurisdic-  have  jurisdiction  of  all  appeals  from  regimental 
ft**^  courts-martial,  within   the  brigade,  of  the  delin- 

quencies of  the  regimental-adjutants,  and  of  field 
and  staff-officers  of  the  brigade. 

Art.  13('t.  The  returns  of  the  proper  officers, 

made  in  pursuance  of  this  act,  shall  be  received  by 

Sctums  ^^^^  court  as  evidence,  together  with  such  affidavits 

eridence.     ^^  ^^7  ^^  presented,  touching  the  material  matters 

in  question. 

Art.  137.  In  all  cases  of  appeals,  the  burden  of 

.        .       proofshall  be  upon  the  appellant,  and  thedecisionof 

^^*  ■      the  court  shall  be  final  thereon;  in  all  cases  an  appeal 

may  be  taken  from  the  sentence  of  the  court,  to  the 

commander-in-chief. 

Art.  138.  Every  such  appeal  shall  be  taken  by 
petition,  in  writing,  filed  with  the  president  of  such 
Petition  court,  before  the  expiration  of  ten  days,  from  the 
aud  bond,  final  adjournment  thereof,  together  with  a  bond 
and  sufficient  surety  to  such  president,  conditioned 
that  in  case  sentence  be  affiirmed,  the  party  ap- 
pealing will  satisfy  the  same. 

Art.  139.  In  every  case  of  appeal  from  a  bri- 

NQtes  of  gade  court-martial,  it  shall  be  the  duty  of  the  bri- 

evidence  gade  judge-advocate,  to  furnish  the  commander-in- 

fumished.   chief  with  the  notes  of  tlie  evidence  taken  therein. 

4:     OF     SPECIAL   COURT    OP     INQUIRY    AN1>    COURTS- 
MARTIAL, 

Art.  140.  Court.s  of  inquiry  may  be  instituted 
by  the  commander-in-chief,  or  the  commanding 
inou^'^^  °^  officer  of  a  division,  or  brigade,  iu  relation  to  those 
ir.quirj.  Qg^g^j.^  fQ^.  wliosc  trial  they  are  authorized  to  ap- 
point courts-martial,  for  the  purpose  of  investiga- 
ting the  conduct  of  any  officer,  either  by  his  own 
solicitation,  or  on  a  complaint  or  charge  of  impro- 
per conduct,  degrading  the  character  of  an  officer, 
and  for  the  purpose  of  settling  rank. 

Art.  141.  Such  court  shall  consist  of  not  less 
Hhwcom-  than  three,  nor  more  than  five  commissioned  offi- 
posed.  cers,  and  the  president  shall,  without  delay,  report 
a  statement  of  facts  to  the  officer  instituting  such 
court,  who  may  in  his  discretion  thereupon  appoint 
a  court-martial,  for  the  trial  of  the  officer,  whose 
conduct  shall  have  been  inquired  into. 


LAWS   OP  MISSISSIPPI.  181 

Art.  142.  Every  court-martial,  fer  the  trial  of  a 
brigadier-general,  shall  be  ordered  by  the  oomman-    Court  for 
der-in-chief,  and  shall  conBipt  of  seven  commissioned  trial       of 
oflSccrs,  two  of  whom,  at  least, shall  be  of  the  rank  Brigadier 
of  major,  any  five  of  whom  shall  constitute  a  quorum.  ^^°^''*'' 

Art.  143.  Every   court-martial,  for  the  trial  of 
a  major-general,  shall  be  ordered  by  the  command-      Trial  of 
er-in-chief,  and  shall  consist  of  nine  commissioned  Major- 
oflBccrs,  one  of  whom,  at  least,  shall   be   a  general  ^ener.'^l. 
officer,  and  three  at  least,  of  the  rank   of  colonel, 
any  seven  of  whom  shall  constitute  a  quorum. 

Art.  144.  Every  court-martial,  for  the  trial  of      Trial  of 
of  the  adjutant-general,  or   quiu-tcr-master-gencral,  AdjuUnt- 
shall  be  ordered  by   tlio  commander-in-chief,  and  °^    Q^ar- 
shall  consist  of  seven  commissioned  ofliccrs;  two  of  General, 
whom,  at  least,  shall  beof  tlie  rank  of  colonel,  and 
any  five  shall  eonstl||ite  a  quorum. 

Art.  145.  All  ofncr  special   courts-martial,  for 
the  trial  of  commissioned  offiters,  sfiall  consist  of 
seven  officers,  two  of  whom,  at  least,  shall  be  of  the 
rank  of  the  officer  accused,  and  any  five  of  Avhom  Other  spe- 
shall  constitute  a  quorum,  and  shall   be  ordered,  if  ^'^^  courts 
for  the  trial  of  officers  above  the  rank  of  captain,  ™^       * 
by   the  commanding   oflicer  of  the  division,  and 
for  all  other  officers  by   the   commanding   officer 
of  the  brigade. 

Art.  146.  No  officer  arrested,  shall  be  brought 
to  trial  at  a  special  court-martial,  unless  a  copy  of     Copy  oi 
the  charges   and   specifications,   certified   by   the  charges 
officer  ordering  the   arrest,  shall   be  delivered  to  delivered, 
him,  or  left  at  liis  usual  place  of  abode,   within 
three   days    after     his    arrest,     nor    unless     the 
officer  ordering  sucli  court-martial,  sliall  have  order- 
ed the   same  within   thirty    days   aftei-   receiving 
notice  of  tlie arrest,  and  a  copy  of  the  chnrges  and 
specihations.  nor  until  ten  days  after   a   copy  of  a 
list  of  tJie  naine,«  of  the  officers  detailed  to  form  the 
court,  sliall  have  l>een  delivered  to    tlie  officer  ar- 
retted, or  lel't  at  his  usual  ])lace  of  abode.  Vacancies 

Art.   147.  The  officer  ordering  such  court,  may  ia     court 
at  any  time  supply  any  vacancy  that  foi-  any  cause  supplied, 
may  iia[)pen  tlierein. 

Art.  bH.  If  any  officer  accused,  shall  have  any  presideii;> 
cause  of  challenge  to  the  president  of  the  court,  he  how  char 
shall,  within  a  reasonable  time   after   receiving  a  lengod. 


182  LAWS  OP  Mississippr. 

^ J=  '^*M*i    oifficei'i/ordcrjiygiiSvich  -coui't,  V"^!  sbali. ,>thei;cup^i 

'■'    ' '    determiiie :a)3  to  t^hejV^jidi.tj'.ol^sucIi  cjiallcnge.  '^r^d 

if) in  his  opiiji4on,;tl}:cv€a,ib?e^  are,  .sufficient,  hc.ghall 

appoint  anotltei-  president  of  such  cqui-t.  a  ^  , , ,,  .^  .  . 

•  -  ,  Akt,  140.  xVfter  the  court  shall  ha);e  assemble^, 

Oath  of  ^^^  ^^^  challenges,  if  any  .  arc  , inadp,.  shall,  hajye 

members,    been  detcinniuj^d,.  the  jjLidgc-iwJvjOcate,  |Whcther  coip- 

nu83ioned  Oi'  Bpeq^^l,  shall  administer  tp,each  mgifi- 

■  bcr  the  folloW(ing,OHtli.  ;'You   do   sweai:  or  affirm 

that  you  will  faithfully  dischai'ge.  the  duties  of,a 

member  of  tlie  court-martiali  now  assembled,  apcpi;^- 

ing  to  the  best  of  your  ability."        . 

Art.  150.  Every  iudge-advocate.  whether  corn- 
Proceed-  missioned  or  special,   and  every  member  of  tjljie.. 
ings  kept  court  martial,  shall  keep    secret    the  sentence  of 
secre  .         ^j^^  court,  until  the  same  shall  be  approved  or  dis- 
approved acccording  to  law,  and  sliall  keep  secret 
the  vote,  or  opinion  of  any  particular  member  of 
the  court)  unless  required  to  give  evidence  thereof, 
by  a  court  of  justice. 
Sentence      Art.   151.    The  sentence  of  such  court-martial, 
of  Court,    shall  be  according  to  the  naT:ure  and  degree  of  the 
offeuce,  and  according  to  military  usage,  but  shall 
not  extend  further  than  cashitvring  the  officer  con- 
victe  1,   and  disqualifying  him   from  holding  any 
office  in  the  militia  of  this  State,  and  imposing  a 
fine  not  exceeding  one  hundred  dollars.  , 

Sentence       Art.    152.    The   proceedings   and   sentence  of 
to  be   ap-  every  court-martial  shall,  without  delay,  be  deliv- 
proved.       g^.p^j   ^q  i\^q  officer  ordering   the  court,  who  shall 
approve  or  disapprove  thei'cof  within  fifteen  days 
thereafter,   and  shall  give  notice  of  bis  approval 
or  disa])proval,:  to    the   president  of  such  court, 
and  to  the  arrested  officer,   and  shall  publish  the 
Transmit-  sentence,  as  approved  or  disapproved,  in  orders. 
■ted,^,A(i-      Art.  153.  ;t|G  siiall  also  transmit  such  proceed- 
j  u  t  a  u  t  -  lags  and  sentence  and  his  approval  or  disapproval 
Gaaef^l.     thereof,   to  the  adjutant-general  to  keep  in  his  of- 
fice. 
;    Itples  of      Art.  154.  The  rules  and  regulations  relative  to 
.proce'dlng  courts-martial  in  the  army  of  the  Confederate  States, 
not  inconsistent  wiiii  the  provisions  of  this  act, 
shall  b3  the  rules  and  proceedings  in  courts-mar- 
tia!  in  this  State. 


LAWS  ;0^..:^U^^,SSIfpi.-.r/^  18^  . 

AiJT.  loo.  The  right  ;0f  Uj^peal  to  tji^..comijiap.dr . 
er-i.ii-qjiioL  froiii  all  ?eut^nces  or  jv^spe^ial.courjt- Appeal  to 
martial,  Is  reserved,  but  no  appeal  sliall  be  receiv-  Comman- 
ed,  unless^  made  by  petition  in  w.riting,  filed  "witli  <ler-m-Chf 
the;presideut  of  such  court,   praying  an  appeal, 
witiiin  twenty  days  after  the    decision  appealed 
from  is  made  kijown  to  th,e  person  appealing. 

5.   GENBR^l.  PKOVISIONS  APPLICABLE  JO  ALLiCOUI^TS 
:'•  OF   INQUIRY   AND.  COURTS-MA RTLV I.. 


Arx.  166.  The   president  of  everv  coyrt  of  in- 
quiry and  court-martial,  when   not  rfe^^ignated  by 
law,   shall    be   appointed  by  tiie  officer  ordering 
such  court,  and  shall,    both  before  and  after  ho 
shall    have   been  sworn,  issue  process  for  all  wit-     process 
nesses,  whose   attendance  at  such  court  may,  in  for  wit- 
his  opinion,  be  necessary  in  behalf  of  the  iState,  nesses. 
and  also,  on  application,  for  all  witnesses   in   be- 
half of  any  officer  charged  or  accused,  or  persons 
returned  as  delinquents  ;  and  may  direct  th.e  com- 
mandant of  any  company  to  cause  such   process 
to  be  served  on  any  witness  residing  within  his 
beat. 

Art.  15".  TliC  president  of  such  court-murtial, 
or  court  of' inquiry,   shall  have  power  to  adrainis-  Oaths  ad- 
ter  the  usual  oath'to  witnesses,  and  shall  have  the  minister'd 
same    power  to  compel  an  attending  witness  to  be  ^nd  order 
sworn  and  testily-,  and  to  preserve  order,  as  courts     ^  * 
of    common    law    jurisdiction  ;  and    all   sherifis, 
constables  and  Jailors,  are  hereby  required  to  ex- 
ecute any  precept  issued  by  such  president  for  that 

purpose/  Hi^-.r     .. 

Aii,T.  158.  Every  witness,  not  appearing  in 
obedience  to  such  summons,  when  July  served, 
an(^  ijkot  having  a  reasonable  or  sufficient  excuse, 
shall  forfeit  to  the  State  not  less  than  ten,  nor 
moreahan  one  hundred  dollars  :  and  the  president     ^_  '< 

shall,  from  time  to  time,  report  to  the  proper  dis-  ^Vitnesaes 
trict  attorney,    the  names  of.  all  sucli  delinquent    °°  ' 
witn^^aes,  together  with   the  name  and.  pjjicc  of 
resiGJe^ce  of  the  pcrspn  serving  such  prQcess,j  the 
bet,tey  to  enablp  him.^o  ^prosecute.  .£ojr.,,^ucli  for- 
feituros.    ,■       ..^  .,  ■  •  o-  o.- 

Art.^  JSa'-.  Aiiy  per^Ofl  ^r  pergoii?  who  shall  l^e 


184  LAWS  OP  MISSISSIPPI.       ' 

guilty  of  disorderly,  contemptuous,  or  insolent  be- 
havior in,  or  using  insulting  and   contemptuous 
or  indecorous   language,  or  expressions,  to,  or  be- 
p  fore  any  court-martial,  or  court  of  inquiry,  or  any 

commttt'd  ™6"^^€'r  of  cither  of  such  courts,  in  open  court, 
for  con-  niay  be  committed   to  the  jail  of  the  county  in 
tempt.        which  such  court  shall  sit,  by  warrant  under  the 
baud  and  seal  of  the  president  of  such  court. 

Art.  IGO.  Such  warrant  shall  be  directed  ta 
the   sheriff,  or  any  or  either  of  the  constables  of 
any  such  county,  or  any  officer  attending  the  court, 
_  .  and  shall  command  the  officer  to  whom  it  is  direct- 

\^i  ed,  to  take  the  body  of  such  person  and  commit 
hiia  to  the  jail  of  the  county,  there  to  remain 
without  bail,  in  close  confinement,  for  a  time  to  be 
limited,  not  exceeding  three  da,ji^,  and  until  the 
officer's  fees  for  committing,  and  the  jailor  fees  be 
paid. 

Art.  161.  The  jailor  shall  receive  the  body  of 
any  person  who  shall  be  brought  to  him  by  virtue 
Daty  of  ^^  ^*^^^  warrant,  and  keep  him  until  the  expira- 
Jailer.  tion  of  the  time  mentioned  in  the  warrant,  and 
until  the  fees  of  tlie  officer  and  jailor  be  paid,  or 
until  the  offeneler  shall  be  discharged  by  due 
course  of  law. 

Art.  162.  In  the  absence  of  the  president  of 

Who  to  any  court-martial,  or  court  of  inquiry,  the  senior 

preside  officer  highest  in  rank,  may  preside,  with  all  the 

sident  ab-  powCr  of  president ;  and  all  the  members  of  such 

sent.  court,  shall,  when  on  duty,  be  in  full  uniform. 

Art.    163.    Whenever   the   judge-advocate    in 

Special  commission,    shall  fail  to  attend  any  court  of  in- 

Judge-Ad  quiry  or  court-martial,  or  shall  be  unable,  for  any 

vocate  ap-  cause,  to  discharge  his  duty,  the  president  of  such 

pointed,      ^.^^^j.^  g}jj^||  appoint  a  special  judge-advocate. 

Art.  164.    Where  any  court-martial,   or  court 
Marshals  ^f  inquiry,    shall  so  order,  the  president  thereof 
appointed.  ^^^^^  appoint  by  warrant,  under  his  hand  and  seal 
one  or  more  marshals. 

Art.  165.  The  marshal  so  appointed,  may  not 
only  perform  the  usual  duties  of  such  marshals, 
Duties  of  but  may  also  execute  such  process,  lawfully  issued 
Marshal    \yj  g^ch  president,  and  perform  all  acts  and" duties 
in  this  act  imposed  on,  and  authorized  to  be  per- 
formed by,  any  sheriff,  marshal,  or  constable. 


LAWB  OF  IfiSBISSIPPl.  1-IS 

Art.  166.  Whenever  the  sentence  of  any  coart- 
martial  shall  be  appealed  from,  the  president  of     Duty  ef 
the  court  shall  faithfully  cauFe  a  statement  of  the  PreskieBt 
case  to  be  made,  and  together  with  the  evidence  ^^  appe*** 
touching  the  same,  transmitted  to  the  president  of 
the  appellate  court. 


SECTION  X. 

Of  Penalties,  Fines,  and  Expenditures, 

i.     or   PENALTIES    AND     FINES   FOR   VIOLATIONS   OF 
Tins   ACT. 

Abt.  167.  Every  commissioned  oHioer,  for  dis- 
obedience of  •rder,  neglect  of  d«ty,  unofficer-like     Offenees 
condnct,  or  disrespect  to  a  superior  officer,  or  for  ccgnizable 
any  other  unmilitary  or  ungentlomanly  conduct,  ^y*^*?*^^**' 
while  on  duly,  shall  be  arrested,   and  brought  to  "^*^**''*^- 
trial  before  a  court-martial,  who  may,  on  ctnvic- 
tion,  sentence  him  to  be  casliiered.  inca]iacitatcd 
from   holding  any  military  commission,  and  fined, 
to  an  amount  not  exceeding  one  hundred  dollars, 
or  may  sentence  him   to   any  part  of  such  penal- 
ties, or  to  be  reprimanded,  at  their  discrolion. 

Art.  1G8.  Every  aid-decairip  of  a  brigadier- 
general,  and  every  hrigadc-inspector.  judge-adro- 
cate  or  quarter-master,  who  shall  neglect  any  of 
the  duties  enjoined  on  him  by  this  act.  or  which  Fines  tf 
in  pursuance  hereof,  may  be  required  by  superior  ^rigade 
officers,  shall  without  arrest,  on  due  conviction 
thereof,  pay  a  line  not  less  than  fifty  nor  more 
than  one  hundred  dollars. 

Art,  169.  Every  colonel  of  u  regiment  siiall, 
without  arrest,  on  due  conviction,  be  subject  for 
the  following  offences,  to  the  fines  thereto  annexed ;      Fines  ©f 

1st.  For  failing  to  furnish  the  commanding  offi-  C<>^o°*^- 
cer  of  his  brigade  with  the  returns  of  the  strength 
and  condition  of  his  regiment,  when   thereto  re- 
quired,  not  less  than  twenty  nor  more  than  ijfty 
dollars. 

2d.  For  failing  lo  give  any  notice  required  of 
him  by  this  act,  or  to  detail  r.  re^gimeutal  court- 


m;iirtml,\  as  is*  Lei-eih'  directed,  6r¥?>]f  negMting^o 
'  ';,  ^  take  ijoticl'of  hi)  qirdi^ter-ma^tepj  •fift^  dolI^lrsJ i-"  ''J' 
.',,!,!  .  "  .  ^d.  t'or  ricglectiiig  td'  call  btit  Ms  regimeiit,'  iri-^ 
case  oT  any  invasioni  or  iriSurrectioii,--dr  immihfent'- 
danger  tlieredf, '  or  to  hold  any  draft  ^lily ■  drdiJlMV  [ 
three  hundred  dollars.  '-'        ^'"  •  I'i  i  or 

4th.  For  failing  to  return  to  the  proper  court- 
martial,  any  of  the  delinquencies  of  his  commis- 
sioned officers,  which  were  known  to  him,  or  of 
which  he  had  received  official  -information,  one 
hundred  dollars,  or  for  deficiency  in  any  article  of 
arms,  or  uniform,  twenty  dollars.       :  - 

5th.  For  failing  to  attend  any  court-martial, 
when  detailed  as  a  member,  or  for  neglecting  to 
perform  any  other  duty  lawfully  required  of  him, 
not  less  than  twenty  nor  more  than  one  hundred 
dollars. 

Art.  no.  Every  lieutenant-colonel,  or  major  of  i 
Fines  of  ^  regiment,   shall,  without  arrest,  on  due  coijvjo- 
J4eut'nant  tion,  be  subject  for  the  following ,  offences,   tO)  the;i 
Colonel  &  fines  thereto  annexed  :  ;  .«;  v 

Major.  1st.  For  failing  to  furnish  the  commanding  offi- 

cer of  his  regiment  with  returns  of  tlie  strength 
and  condition  of  his  battalion  when  thereto  re- 
quired, fifty  dollars  ;  or  to  attend  a  court-martial, 
when  detailed  as  a  member,  thirty  dollars ;  or  for 
deficiency  in  any  article  of  arms  or  uniform,  tt^-en- 
ty  dollars. 

2d.  For  neglecting  to  call  out  his  battalion,  on. 
order,  or  to  execute  any  order  for  a  draft' thereio^ 
two  hundred  and  fifty  dollars. :  •     : 

3d.  For  failing  to  attend  any  regimental  or  bat- 
talion muster,  or  drill  of  officers,  or  for  neglecting' > 
to  perform   any  other  duty  lawfully  required  of. 
him,  not  less  than  ten  nor  more^  than  one  hundred  r 
dollars. 
Art.  171.  Every  captain  of  a  company  sha^-, 
Fihesof  without  arrest,  on  diie  conviction,  .ho  subjeotufor. 
Captain,     the  follD^ving  offences,  to  the  fines-tbereto  annexed: 
1st.  For  failing  to  furnifth;  the  eommaudep  Of  his  . 
battalion,  or  the   adjutant  of  Ms  regimejjt,i;wheBj; 
thereto  required,  with  the  returns  of  the  strejogtiji. 
and  condition  of  his  company,  fifty  dollars,  orn^^-o 
lecting  to  detail  company  courts-martial, -a0)her6;n 
required,  or  failing  to  return  to   the,  je^imentai; 


coui'ts-rinirti^l,'%(5  dclinmibi'icics't^f  lns''sii^#]ic*^h?, 
tWeiVty  dollars."       ■■ ''  ;^^-:i- v  ■       ;;.i  .,•■   -I'.w,^ 

'id.'  F6l'  failinfir'to  liavc')ils"'compaiTy-rolI  cidlM 
at  every  field,  and  comi)any  muster,  or  for  deficiencv 
of  anv  article  of  arms,  or  uniform,  ten  dollars. ' 

3d.  For  iieglectiii<j  to'  call  out  his  company  on 
order,  or  to  execute  j^nyVlrhft  therein,  ■when  re- 
(juired,  two  hundred  and  fifH' dollars. 

4th. '   For  failinor  to  gfvc  any  notice  required  of 

Iiim  by  this  act,  or  for  nep'lect  to  perform  any  o'ther 

duty  herein  required,  and  not  otherwise  provided 

.  for,   not  ie?^'  than  ten  nor  more  than  fifty  dollars. 

AP.T.  172.  livery  lieutenant  of  a  company  shall, 
without   arrest,   on  due  conviction,  be  subject  for      Fines  of 
the  following  oflences,  to  the  fines  thereto  annexed:  ^'^"^  "■"* 

1st.  For  failino-  to  attend  any  field,  or  company 
muster,  or  drill  of  ofiicers  of  his  regiment,  or  ainy 
court-martial  when  detailed  as  a  member,  tAventy 
dollars.  '     " 

2d.  For  neglecting  to  perform  any  other  duty 
herein  required,  or  which  maybe  lawfully  required 
by  a  superior  officer,  not  less  than  ten  nor  more 
thau  twenty  dollars. 

Art.    17?>.    Every   regimental-adjutant,   judge- 
advocate,  or  quarter-master,  who  shall  neglect  ai!y 
of  the  duties  enjoined  on  him  by  this  act,  or  which      Fines  of 
in  pursuance   thereof,  may  be  required  by  a  supy-  Regimentl 
rior  officer,   shall,  without  arrest,  on  due  eonvic-  S*^*^- 
tion  thereof,   pay  a  fine  of  not  less  than  ten  nor 
more  than  fifty  dollars. 

Am.   174.  r^very  orderly-sergeant  of  a  conipany 
who  siiall  neglect  any  of  the  duties  enjoino<i  on 
him  by  this  act,  or  which  in  pursuance  thereof,  nmy      Finos  of 
bereijuired  by  a  superior  officer,  shall,  oi'i  due  con-  Orderlj- 
viction  thereof,  pay  a  fine  of  not  less  than  one  nor  ^  ergeant. 
more  than  ten  dollars. 

Art.  175.  Every  cither  non-commissioned  officer  Fines  of 
of  any  company,  shall,  on  due  conviction,  be  sub-  other  non- 
ject  for  the  following  offence^," to  the  tines  thei-^to  com  mis- 
annexed:  '     '"  sion»d  of- 

1st.  For  refusing  to  act  as  such, 'when  didy   ap- fi^®'^* 
pointed,  not  les^  than'  fire  nor  more  than  t^venty 
dollars. 

2d.  For  neglecting  or  refusing  to  oljcy  ttitvin-ders 
of  his  superior  officers  On  the  day  of  parade;  or  to 


188  LAWS  OP  MISSISSIPPI. 

perform  snch  military  duty  or  exercise  as  may  be 
lawfully  required,  or  departing  from  his  post  or 
gaard,  or  lea^dng  his  place  or  ranks,  without  p«r- 
mission,  not  less  than  one  nor  more  than  iare 
dollars. 

3d.  Neglecting  or  refusing  to  obey  any  order  or 
summons  to  him  lawfully  given  or  directed,  or  to 
make  a  proper  return  thereof,  if  such  return  be 
necessary,  or  make  a  false  return,  or  for  any  other 
neglect  of  duty  not  herein  enumerated,  not  lees 
than  one  nor  more  than  five  dollars. 

Art.  176.  Every  musician  and  private  of  any 
Fines  of  company,  shall,  on  due  comdction,  be  subject,  for 
pnva  63.     ^j^g  following  offences,  to  the  fine  and  ,  punishment 
thereto  annexed  : 

1st.  For  non-appearance,  or  failing  to  appear 
without  a  reasonable  excuse,  at  a  company  parade, 
one  dollar  ;  at  a  battalion  parade,  one  dollar  ;  at  a 
regimental  parade,  one  dollar  ;  and  in  addition  to 
the  several  fines  above  in  this  articlo  Bpecifiod,  a 
sum  equal  to  one-tweatieth  part  of  the  State  tax 
assessed  on  the  person  and  property  of  the  said 
delinquent ;  and  for  appearing  on  parade  not  ariaed 
and  equipped  according  to  the  direction  of  this  act, 
one  dollar. 

2d.  For  neglecting  or  refusing  to  oV>ey  the  lawful 
order  of  superior  officers,  on  any  day  of  parade,  or 
to  perform  any  such  military  duty  a,s  liiay  be  re- 
quired, or  departing  from  his  post  or  gurad,  or 
leaving  his  place  or  rank,  without  })ermission,  or 
for  drunkenness,  mutiny,  or  other  misconduct,  not 
less  than  ona,  nor  more  than  five  dollar^,  and  may 
be  placed  under  guard  for  twelve  hours. 

3d.  For  refusing  to  turn  out  in  case  of  inva- 
sion or  insurrection,  or  imminent  danger  thereof, 
one  hundred  dollars. 

-1th.  For  failing  to  repair  to  the  place  of  rendez- 
vous, or  to  furnish  a  sufficient  substitute,  when 
drafted,  or  otherwise  qalled  into  the  service  of  the 
Confederate  States,  or  this  State,  one  hundred  dol- 
lars, and  be  subject  to  all  the  penalties  to  which  a 
deserter  of  the  Confederate  States,  or  this  State,  ]» 
subject. 

Art.  177.  If  any  civil  officer  or  citizen,  to  whom 
an  order  of  election   shall  be  addressed  and  deli- 


LAWS  or  MISSBSIPPI.  189 

vered,  in  purtjuance   of  this  act,  shall   neglect  or    Fines  for 
refuse  to  execnte  the  same,  he  shall  pay  a  fine  of  f^^  ^^^' 
one  hundred  dollars,  l«  be  recovered  by  action  of  *.°  ^  ^'^c- 
debt,  in  the  name  of  a  State,  for   the  ui^c   of  the 
military  school  fund. 

Art.  178.  No  actioi\  Hhall  be  maintained  against 
any  member  of  a  court-martial,  or  officer  or  agent  ,"?-^'?^ 
aKjting  under  it8  authority,  on  account  of  the  ini-  tobesued* 
position  of  a  fine,  or  the  execution  of  a  sentence, 
on  a  pci'son  not  liable  to  military  duty,  if  such 
person  sliall  have  been  returnal  as  a  delinquent, 
and  duly  aummonod.  and  shall  have  neglected  to 
eliow  his  exemption  l)efore  such  court. 

2.    Oy   THK    COIJ.ECTIOX    .VXD    APPIJCATrON   OF    PKN- 
ALTIIW,  FIM'>?,  AND  COMMUTATION  MONKT. 

ApvT.  179.  At  the  expiration  of  ten  clays  after 
each  company  court-martial,  it  shall  be  the  duty  of 
the  president  thereof  to  issue  a  warrant,  under  his  Warrant 
hand,  on  all  judgmeiitvS  that  have  become  final,  and  |;°  '  ^suc 
remain  unpaid,  directed  to  any  constable  of  the 
county,  thereby  commanding  him  to  levy  tlie  fines, 
together  with  the  fees,  of  the  goods  and  chattels, 
lands  and  tenements,  of  each  person  against  wliom 
they  have  been  severally  adjudged,  as  therein  spe- 
ciffcd,  and  mako  return  thereof  within  sixty  days, 
with  hisdr>'!i2s  thereon. 

Art.  180.  If  any  person  against  wh^ra  any  such 
judgniiMit  shall  have  been  rendered,  be  under  the 
age  of  twenty-one  years,  and  live  witli  his  father 
or  mother,  master,  mistress  or  guardian,  every  such  l^'ines  of 
fine  or  fines,  shall  be  levied  of  the  goods  and  chat-  J"^"i°,^^j 
tels,  lands  and  tenement?  of  such  father  or  mother, 
master,  misti-ess  or  guardian,   as  the  case  may  be. 

Art,  181.  Ever  con3tal)le   in   levying  the  said 
f.nes.  shall   procee<I  in   the  same  manner,  and  be 
entitled  to  the  same  fees,  and  subject  to  the  same  Constable, 
penalties,  as  in  case  of  executions  issuing  u])on  the  "^^"^  ^** 
judgment  of  a  justice  of  tlie  peace,  except  that  no  ^^^°'^^^  • 
stay  of  execution  shall  be  granted. 

Art.  182.  Every  warrant  for  the   collection  of 
fines,  issued   by  virtue  of  this  act,  shall  and  may  Warrants 
be  renewed  ia  the  same  manner  that  executions  is-  renewed, 
sued  from  jnsticos  courts  m^-  by  law  be  renewed, 


IIK)  LAW^  nQVy  ^MISSISSIPPI. 

•J      .-      and  the  said  presidejit  is,  hereby  ^ypsted  with  the 

o;:     .i:    same  power  for/ compelling  the  j-etuxn  of  ^process, 

'*  •  -^  i  -a^d  the'  paying .  .over , .of  m6p.ey s  ,  cpllectq^  by  con- 

'"'   st^ibles,  that  are  vesteclin.Jiistices  of  the  peace.   ;,, 

Art   183.  The  monej's  arising  fro;n  ftnesinT^pq^ed 

Money,  ^^^  ^^^^  pompany  court-martial,  shall  be  paid  by  the 

pfrOve™  officer  collecting  the  same,  to  the  president  of  tlie 

-  ••     ^  <"  court,  who  after  paying  such  costs  and  .fees  as  i^iay 

'  ■■  '  "'    be  adjudged  by  thei  court,  with  the  advice  and;COn- 

sent  of  his.subaltei-BS,,  shall  apply  tlie  same  to  the 

use  of  the  company,, ,,    ..  ,    .         .  ,  j  ..  „. 

,  i/VRT.  184:.  At  ,the^  expiration  of  ten/  days,  after 

Warrant  the  adjournment  of  any ,  regin^iental  court-martial, 

from  regi-  ^j^g  president  thereof  sliall  issue  his  warrant  on  each 

mental  in(io-mcut  that  has  become  final  and  unpaid,  in  sub- 
court.  ^7  o  „    :^  i:  1 

stance  a.s  tollows,:       ,. 

To  the  sheriff  0^  the  county  of - 

>  ,,    Greeting: 
You   are  Iteveby  ofjmmanded   to   make   of  the 

goods  and  chattels,  lands  and   tencn;cnts   of 

the  sum  of ■  dollars  being  the  amount  of  fines 

assessed  against  him  by  the  regimen  tal  court-martial 

of  the  regime^it,  held  at on  the — —  day  of 

——  in  tbe  year   of Avith   all  fees   accruing 

herein,   and  make  return  of  this  warrant  to  me, 
with  your  doings  within  sixty  days.     Witness  my 

hand  this   day  of in  the  year  — — 

R.  E. 
President  of  the  Court. 
Duties  of      -'^liT-  i*^^-  Every  sheriff  shall  endorse  upon  such 
sheriff  warrant  the  day  of  its  reception,  shall  proceed  in 
thereon,     its  execution,  in  ^11  respects  as  upon  a  ^fieri  facias 
issued  by  a  circiiit  court,  and  shall  be  entitled  to 
tlie  same  fees,  and  liable  to  the  same  penalties. 

x\.RT.  186.  The  sheriff  sjiall  pay  over  the  money 

made  upon   every  such   Avarrant, .  to  i\\e  quarter- 

•jj         master  of  the  regiment,  and  on  his  failing  to  do  so, 

paid  ovei\  ^^  ^\^^^  be  liable  to  a  motion,  in  the  circuit  court, 

on  the  production  of  the  record  of  the  judgment 

by  the  court-martial,  in  the  same  manner  as  if  he 

had  collected  money  on  execution  issued   from  a 

circuit  court. 

-I,.  Art.  187.  The  president  of  every   such  court, 

warranto^  and  his  succe^ssor,  is  hereby  authorized  to  issue  alias 


.LjVW|>..OF   MISSIgSIFPI.  (,191 

;iOr,  plur^es  \vi)jL-^;afits.  ujpoa,. every,  such  jtidg<inont, 

.;yftt|i.the,;\vlioJt9  AinpuiiJ^becollcctQtl.     .     ,      ,.., 
■  ^V^'f.. .  1 S8..  i.All  moneys  arising  from  fiues  imjioiscd       Money 

.J^Jf -regimental  ,cQurt5>-martial^;j3lian  be  expended,  how  ex- 
after   paying  r^ucli  costs  as  may  1)C  allowed  by  tlie  pcnded. 

,  co^ict.  (Under  tlie  direction  of  the  colonel,  or  com- 
)mfmding;;Offi,cci(V>vijtJi  Uie  advice  and  approbation 
of  the  lieutenant  coJonel  and  niajpr,.  for  the  use  of 

(itliC'iregjincnt.  .,.  .^  ;      ,,,    ..  -      . 

ri(  .AjiT,  189.  TJiepr<5siclent  of  every  brigade  court- 

.iWai'tiaK  at  tlie  expiration  often  days  after  the  final  frombri°- 

.  ;ft(^auinm.oiit  of  ^Ujcli  court,  sliali  issup  his  warrant  ajg,  cpvrt^ 

,  Qj[^,iall,  jujigmeuts  that  have  become  final,  and  re- 
ipiaHi  rnijaid,  in  the  same  manner  and  form  as  is 
])resci-ilted  in   relation  to   process  issuing  fi-om  a 

,prCf*idou.t  of  a  rogiinent-iil  court-martial. 

,:     Aii;i;.  1()0.  The  sheriff  on   receipt   of  any  such 
Mk^arraiit.  shall  endorse  and  proceed  in  the  execution     Duties  of 
tihiereof,  shall  V)e  entitled  to  the  st\me  fees,  and  sub-  ^^^^^^-^ 
jocttO:tho  samp  penalties:  ixivl  proceedings,   as  is  ,| 

,  prGscvil.>ed  in  reference  to  warrants  issuing  from 
ijie  president  of  a  regimental  court  martial,,  and 

.  ;isi^^.ll,  pay  all  moneys  collected  to  tlie  (luarter-mas- 
ter  of  the  brigade. 

Am.  11)1.  All    the   moucys    collected   for  lines       Moner 

.  i,inposed  l>y    a  brigade  court-nuirtial,  shall  be  paid  how  exi 
out  by.,tihe  (luarter-master  of  the  l)rigade,  on  the  pendcd. 
or)Ll|er  in  writing  of  the  brigadier-general,  or  presi- 

.  dent  of  the  lu-igade  court-martial,  specifying  the 
,  .service  for  which  such  order  shall  have  been  made. 

.  .2.    or  CO.MrKNSATlOX  AX]>  KKKSOF   THE  MEMBERS  OF 
COnrrs-MAUTIAL.  AXD.  OTHER  OFFICERS. 

.  mArt.  ll>2.  There  shall  be  allowed  bv  each  bri-  ^,  _ 
g94c:Cpju-t-martial,  and  paid  by  the  brigade  quar-  bri"'a«le 
ter-uiastcj',  (>;i  the  order  of  the  president  thereof,  court- 
out  of  any  money  in  his  hands  :  martial. 

:  ;|,st.  To  all  witnesses  summoned  to  attend  said 
i-ourt,  on  the  jiart  of  the  State,  shall  be  allowed 
one  dollar  per  day,.;  ,  ,,. 

.  ^d-  To  each  brigade  judge-advocate,  and  to  each 
l)rQ{iident  an/i  uiembiCr  of  any  brigade  court-martial, 
twO; <iollar^ fyj;, (?ac|>  day  aptiial^j^empjloyed  on  such, 
duty.         .••,,.•.:,!,.,     ,  ;    ,.   ..,;,,.     ,  ,     ",  ,,,  . 


m 


i.AWH   OP    MISSISSIPPI. 


Fees  of 
lirigade- 
i  a  spector 


Allow- 
»ace  to 
brigade 
q  uarter- 
ittafiter. 


Fees  on 
T  egitneat- 
al  courts - 
ijRirtial. 


3d.  To  every  regimental  adjiitont,  wiio  may  be 
required  to  attend  upon  any  brigade  court-martial, 
or  execute  the  process  thereof,  or  any  summons  is- 
sued by  the  president  of  such  court,  such  compen- 
sation as  to  the  court  shall  seem  just. 

4th.  To  the  brigade  quarter-master,  the  sum  of 
eight  per  centum  upon  the  amount  of  fines  collect- 
ed, as  compensation  for  his  services. 

Art.  193.  The  brigade  quarter-master,  on  the 
■written  order  of  his  brigadier-general,  specifying 
the  services  rendered,  shall  pay  to  the  brigade- 
inspector  and  to  the  aid-de-camp  of  the  brigadier- 
general,  three  dollars  for  each  day  actually  employ- 
ed on  duty,  but  not  more  than  fifty  dollars  shall  be 
lillowed  to  either  in  any  one  year. 

Art.  194.  Each  brigade  quarter-master  shall  be 
allowed  by  the  auditor  of  public  accounts,  from 
time  to  time,  such  sums  of  money,  not  exceeding 
one  hundred  dollars  per  annum,  as  bis  brigadier- 
general  shall  certify  to  be  necessary,  for  the  keep- 
ing in  repair  of  the  ordnance,  arms,  munitions  of 
war  in  his  [)0?5eBsion,  belonging  to  the  State,  which 
upon  hi.s  warrant,  shall  be  paid  out  of  tlio  State 
treasury. 

Art,"  195.  There  .sliall  bo  allowed  by  each  regi- 
mental court-martial,  and  paid  by  the  regimental 
<[uarter-niaster,  on  the  order  of  the  president  there- 
of, out  of  any  moneys  in  his  hands  arising  from  feee: 

Ist.  To  the  president  and  each  member  of  any 
regimental  court-martial,  one  dollar  and  fifty  cents 
for  every  day  lie  may  sit  a.^  such  momlK-r  ;  and  a 
like  sum  for  every  twenty  miles  of  distance  traveled 
to  and  from  said  court,  computing  on  the  nearest 
route  to  his  domicil. 

2d.  To  the  commissioned  and  non-commissioned 
officers,  Avho  sliall  have  summoned  delinquents  to 
appear  licforc  the  court,  one  dollar  and  fifty  cents 
for  each  day  he  may  have  been  necessarily  so  em- 
ployed, and  the  same  for  each  day  of  his  attendance 
on  the  court. 

^■3d.  To  each  witness  summoned  ujjon  the  part  of 
the  State  to  attend  such  courts,  one  dollar  per  day. 

4th.  To  the  regimental  quarter-master,  the  sum 
■of  eight  per  centuisi  upon  the  amount  of  fines  col- 
lected, as  compensation  for  his  services. 

Art.  196.  Every  witness  summened  in  behalf  of 


LAWS   OF   MISSISSIPPI.  193 

any  officer  accused,  cn"pon«Oii  returned  aa  delicqueut.  Yt>c^  of 

to  aay  brigade  or  n^imcntal  court-maJ-tial,  shall  ^  itnesses 

be  entitled  to  demand  and  receive  from  the  person  '^'■»*<^"*'« 
in  whose  behalf  he  was  summoned,  one  dollar  per 
^j,  for  each  day's  attendance. 


CHAPTER  CXLI. 

AN  ACT  supplemental  to  oo  act  parsed  at  tb«  present  session 
of  tho  Legislature  entitled  an  act  to  rerisa  aiwi  reduce  iote 
one  the  Militia  and  rolunteer  I>awR  of  tliis  State. 

Section  I.  Be  it  enacted  by  tfis  Lfgidaiure  ©/ 
titt  State  of  Mississippi ,  That  it  i.s  hereby  made  the 
duty  of  the  several  Boardi^  of  Police  in  eaeh  cous-  JP^EroHer, 
ty  in  this  State  to  have  enrolled  every  free,  white  ^^^^f  ^P- 
male  citizen  or  resident  alien  within  their  rciepec-  ^  n*j  ^is 
five  counties,  over  the  a^  of  eighteen  and  under  duties, 
ftfty  years,  liable  to  jxirforra  militia  duty,  by  the 
appointment  of  one  or  more  discreet  perpon*  for 
that  purpose  in  each  Police  Di.^trict,  who  shall  re- 
port the  number  and  name  of  orcry  enrolled  citizen 
afld  alien  resident  to  the  Clerk  of  Probates  in  each 
ooHnty.  wlio  shall  keep  on  file  said  reported  rolls 
iti  their  re8{>ective  offices^,  and  shall  forward  the 
aamber  of  the  enrolled  militia  in  their  respective 
coanties  to  the  Adjutant-General,  who  shall  keep  a 
list  of  same. in  hia  office,  a«  lurnL^hed  from  each 
county;  the  en  rollers  appointed  by  tbe  Boards  of  Po- 
lice shall  receive  the  same  [>ay  as  is  defined  in  th»^ 
fburth  section  of  the  act  of  which  this  is  a  supplement 
and  l)e  subject  to  tlie  same  fines  and  penalties  therein 
imposed  ;  the  enrolling  officers  directed  and  re- 
quired to  be  appointed  under  the  provisions  of  this 
act  to  be  known  as  Orderly  Sergeants,  who  shall 
act  in  the  capacity  of  Captains  until  one  is  elected 
an(i  arc  to  l>e  authorized  to  receive  from  the  Pro- 
bate Clerk  of  his  county,  a  certificate  of  said  sei-- 
vice,  which,  when  approvcnl  by  the  Brigadier-Gen- 
erals of  their  respective  conimands  shall  entitle  tho 
holder  to  receive  the  pay  definod  in  tho  act  to 
which  this  is  a  supplement. 

L— 2;> 


19-^  f.AWB   OF    MlSSlSSIfPP]. 


V  >iH'.  li.  Be  it  fitrther  enacted,  That  said  eiiroll- 
mtait  when  macle  as  herein  proTideci,  shall  be  as 
effective  »,«'  thougii  tnade  directly  undei-  the  a|>- 
[►ointmeut  of  s^id  Brigadiers. 

iSBO.    '.^>.    Be    it    fuithtr    enadtd,    That    the 

Salary  of  jfajor-GeDeral   provided  to  Lte  electeii  in  said  aet 

(HvKnX.     K*  vrhich  this  is  a  tui)pleniout,  phall  rewire  a^larv 

at  the  rate  of  Two  Thousand  Dollars  \n^r  annum, 

Sbc.   4.  Be  a  fiirtker  emdcd,  That  the   Adju- 

,^        -  tdnt-Gcueral  shall  liavc  authority  to  employ  a  clerk 

AdiuU^n\  ^^"^  ^"*^^*  ^'"^^  ^'^  ^^^  pervicerf  of  fuch  clerk  may  Ix? 

Gteoeral.     nocfe^ary  in  the  discharge  of  the   duties  of  said 

office,  for  which  said  clerk  shall  receive  a  salary  at 

the  rate  of  one  tliousand  dollars  per  annum. 

Sbc.  5.  B<^    it  further  enacted,   That  tlic  Quar- 
.^^  ter-Ma-ster  General  Ix)  authorized  in  addition  to  the 

"m^bp^^tn  ^^^  ^^^  allowal  him  in  said  act,  to  which  this  is  a 
-g  gjp  J ()  y  supplement,  to  employ  a  clerk,   if  such  additional 
additioua  1  clerk  l>e  required  to  discharge  the   duties  of  said 
clerks.       office,  for  which  he  shall  receive  asahlry  at  the  rate 
of  one  thousand  dollars  i>er  annum,  and   that  lie 
have  full  [lower  to  eihploy  such  agent  or  agents  a,* 
he  may  at  any  time  deem   necessary  in    the  trans- 
portation of  goods,  or  for  other  services  requiring 
ta-avel  aljroad  in  connection  with  the  Quarter-Mas- 
ter's.Department  in  regard  to  the  Mis^issipj^i  troop?>, 
Provided  hoioevtr,  That  such  agent  shall  not  re- 
ceive a  comj>ensation  grciiter  than  at  the   rate  of 
one  tliou.sand  dollai-s  i>er  annum. 

Sec.  6.    Be  it  further  eruicfed,  That  the  Chief- 

«  .      irf  of  Ordnance,  provided  for  in  the  act  to  which  tliis 

the   Chief  ^'^  '^  supplement,  shall  receive  for  his  services  a 

of  Ord-  Halai-y  at  the  i-ate  of  fifteen  hundred  dollai-s  per 

vAuw.        annum.     Said  Chief-of-Ordnauc<.'  however,  only  to 

i-eceive  pay  for  such  time  as  he  may  1k^  employed 

under  the  direction  of  the  Major-Geueral. 

Beo.  7.     Be   it  fvrther  e-)uided,  That   in  addi- 
tion to  those  now  exempt  from  militia  duty,  as  now 
P  pi-ovided  in  the  'J4th  section  of  the  act  to  which 

exeSr**  thia  is  a  supplement :  Ministeif^  of  tlie  Gospel 
having  pastoral  charges  hy  the  apj>ointraeut  or 
ralee  of  their  i-espective  denominations,  are  hereby 
exempt :  mechajiics  and  others  engaged  in  the 
manufacture  of  ariys  and  munition*  of  war,  and 
the  Judge  «f  the  Oriminwl  court  of  Wa.T-ren  coun- 


LAWS  OF  MISSJSPM'PK  'n^a  l®5 

t^fSmtX  PJHtrkt  attoniojs  of  this  State,  aiid.giiarcl>« 
actually  employed  at  thi;  State  Poriilentiary. 

Sbc.  8.  Be  it  fu'it'ur  enacted,  That  thie  act  be 
j)ubliHlied  with  th«'  act  to  which  tliis  Is  a  suppJe- 
laent,  and  that  this  act  take  cffwt  oiul  b*  in  force 
from  and  after  iU<  pas'^^'C. 


Approre*!  January  2i',  \b^2. 


^HAPTKU ,  OXLl I. 


VJ^i. 


AN  ACT  to  Ruspoiitl  for  u  liiiiitt-d  pchod  touu;  •<'  the  pro- 
visions of  act  4,  chapttr  H,  of  the  Code,  so  far  as  they 
^elaie.to  the  county  of  Ifaripn.       ;',^i^  ^; ■ 

Section  1.  lie  U  timcted  hy  tfi£  Jjeglshfiure  of 
the  State  of  JI{.sfii\><i!ip],ii,  That  so  iniicli  of  article  4, 
chapter  0,  of  the  revibed  code,  as  prohibits  the 
clerk  of  the  probate  court  from  jireparing  tho 
papers  in  any  ca;^o  jieiuliiig  in  the  probate  court, 
be  and  tlie  same  arc  hereby  suspended,  until  twelve 
months  after  the  termination  of  the  present  war. 
BO  far  as  said  provisions  relate  to  the  county  of 
Marion.  >     .       . 

Sec.  2,  Bt ///M/7/i<re/j(;c^ft/,  That  this  act phall 
take  effect  and  be  in  force  from  its  passage. 

Approveil  Junuiu-y  25.  1802. 


CHTpTltt  rxuu. 

AU  A'CT  to  preTcct  hiiwkiiig  and  i»eddl)ng, 

'  Sec.'  1.  Bt  a  riufdtd  by  (lie  Lif^blaiurcqf  thr 
tUote  of  .Mijif^issippi  That  hereafter  it  shall  not 
be  lawful  for  any  person  to  liawk  and  jicddle, 
within  the  limits  of  tliis  Sti\te  ;  and  that  all  laws 
authori/>ing  th(.'  isfsuance  of  any  license  for  that 
j^urpose,  are  hereby  repealenl  :  ProcUled,  That 
this  act  sliall  not  apply  to  the  peddling  by  any  citi- 
zeu.'<  of  this  State,  of  goods,  wares,  ov.  uwirchaii- 
dize,  luanufactured  witljin  the  gai^^  ,,    .^.     ' 


C9S  IWLW8   OF   MWSTSSIPPf. 

Stic.  2.  Be  it  fviHhcr  cntwterf,  That  an/  per- 
son violating  the  pro\'isions  of  (h\»  oct,  shall  be 
Uable  to  indictment,  and  npon  conviction  thereof. 
ghali  be  fined  in  a  sum  not  less  than  one  hundred, 
nor  more  than  five  hundred  dollars,  and  imprison^ 
in  the  county  jail  not  more  than  throe  monthfl. 

Approved,  January  20,  1862. 


CHAPTER  CXLIV 

AN  ACT  to  remoFB  the  civil  disabilities  of  Kniclit  Ed- 
wards, of  Choctaw  County,  so  far  as  t«  render  hka 
le^Uj  qualified  to  act  as  executor  of  the  Ust  will  aad 
tostMnent  of  his  father  Edward  Edwards,  rkcoa^od,  late 
«f  CSiOCtaw  County, 

Sec.  1.  Be.  it  enaded  by  the  Legusfaiure  of  tke 
Sta4^  of  Mississippi,  That  the  civil  di^bilitio* 
of  Knight  Edwards,  a  minor,  of  Choctaw  eo-untj., 
be  removed  so  far  as  to  render  him  logaily  qnali 
^ed  to  act  as  executor  of  the  last  will  and  t«PtA- 
meat  of  his  father  Edward  Edwards,  dei^eawd, 
late  of  said  county,  and  the  bond  executed  by  hrm 
•S  executor,  for  the  performance  of  hi^  duties  Khali 
be  valid  and  binding,  as  if  he  were  of  ftill  age 

Sac.  2.  Be  tt  further  enacted,  That  this  act  tii:ke 
'?ffect  and  be  in  force  from  and  after  it^  pesftaj^. 

Approved,  January  25,  1862. 


CHAPTER  CXLV. 

AS  ACT  to  legali?«)  the    assessment  roll  pi  Wayne  Co., 
and  for  the  relief  of  lb«  assessor  of  taxes  of  said  county. 

WirBBBAS,  By  the  l{>th  article  of  Hrd  chapter 
<»l"  the  revised  code,  each  aeseasor  of  taxes  is  rc- 
■qixired  to  set  down  in  separate  column?  of  the  land 
assessment  roll  of  his  county,  all  the  vacant  land 
in  his  county,  and  the  tax  assessor  of  .said  county 
Tiaving  made  out  his  land  assessment  roll,  without 
netting  down  therein  the  vacant  land  of  Wayne 
<<!!Ounty:    And  whereas,  by  reason  of  said  omisf^ion, 


LAWS  OP  MISSISSIPPI  an 

the  said  land  assessment  roll  may  be  held  to  b*-- 
illegal,  and  the  assessor  be  deprived  of  his  pay  for 
assessing  the  taxes  of  said  county.     Therefore, 

Sec.  1.  Ik  it  enacted  by  the  legislature  of  Me 
SState  oj  Mississippi,  That  the  land  assessment 
roll  of  Wayne  county,  for  the  present  fiscal  year, 
shall  not  be  held  to  be  illegal  or  void,  on  account 
of  the  fact  that  it  does  not  contain  a  list  of  tha 
vacant  land  in  Wayne  county;  but  shall  be  held  to 
bo  as  legal  aud  valid  as  it  would  be  if  it  contained 
in  separate  columns  said  vacant  land,  and  the  tax 
assessor  of  paid  county  shall  bo  entitled  to  the 
same  compensation  as  he  would  be  entitled  to  re- 
ceive if  the  said  roll  contained  the  public  or  vacant 
land  of  said  county. 

Sec.  2.  Be.  it  further  enacted,  Tliat  this  act  take 
effect  from  aud  after  its  passage. 

Approved  Januciy  25,  18G2. 


CHAPTER  CXLVJ. 

•■  ( 

AS  ACT  tor  l)i«  relief  of  Hugh  McDonald,   of  Neshol* 
county. 

W^D?EREAS^  Auditor's  Warrant,«.  N«.  1082,  for 
$36,  and  No.  1248  for  $36,  and  No.  1666  for  $14, 
and  No.  1667  for  $14,  were  issued  to  Hugh  M(v 
Donald,  of  Neshoba  county,  during  the  month  of 
December  last :  And  whereas,  the  State  treasurer 
has  certified  that  none  of  said  warrants  have  been 
paid  ;  and  whereas,  it  is  satisfactorily  shown  that 
said  warrants  were  lost  by  said  McDonald.  There- 
fore, 

Sec.  1.  lie  it  emuicd  by  tke  jA-eislaturc  of  Hh* 
Stale  qf  Mississij[ypx,  That  the  auditor  of  public 
accounts  is  hereby  requir^id  to  ihsue  to  said  Mc- 
Donald, otJier  warrants  in  place  of  those  above 
described  ;  aud  it  shall  be  the  duty  of  the  auditor 
to  endorse  upon  the  back  of  each  warrant  so  »> 
sued,  the  number,  date  and  amount  of  the  warrant 
sopposed  to  be  lost,  and  in  place  of  which  it.  iih 
iaeucd,  and  attach  to  it  his  signature;  and  afkid 
auditof  ftball  also  notify  the  treasurer,  in  writing. 


t<»*  CAWS  OlP  MissrssiPf't/'^'^-* 

rff  tliti  re-iBSuaiice  of  snid  \rarranta,  giving  Mm 
tlie  amount,  (la'te,  number,  and  the  person  to  whom 
issued  of  caoh  warrant  lost,  ar.d  i\\oh  one  be  re- 
issued ;  and  it  shall  be  lawful  onlv  for  the  treas- 
urer to  pay  the  warrants  last  issued,  and  endprscd 
as  herein  required.  '.'.'-'•    '•' 

Sec.  2.  Be  if.  further  enacted,  That  thia  act 
shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  January  25,  18t>2. 


CHAPTER    CXLVIl. 

A-N"    ACT    to   confirm   the  location,  of   swamp  and  over- 
flowed lands  in  Newton  Coanty,  and  for  other  purposes. 

Sec.  1.  B^  it  enoct&i  by  the  I^giMattire  cf  the 
State  of  Misslssijyin,  That  the  locating  of 'swamp 
and  overflowed  lands  made  by  Isham  Dansby,  lo- 
cating agent  for  Newton  county,  duly  appointed 
under  an  act  of  the  Congress  of  the  United  States 
of  America,  approved  September  28,  1850, 1)e  and 
the  same  is  hereby  confirmed. 

Sec.  2.  Be  it  further  enacted,  That  upon  the 
production  of  the  certiticate  of  the  Secretary  of 
State,  cei'tifyin;:''  the  amount  of  said  located  lands, 
and  that  authenticated  returns  of  the  same  have 
been  filed  in  hi.s  office,  it  shall  bo  the  duty  of  the 
auditor  of  public  accounts  to  issue  his  warrant  in 
favor  of  said  Isham  Dansby,  for  the  amount  to 
virhicb  he  is  respectively  entitled  for  making  said 
location  a.s  prescribed  by  the  law,  under  whicbthe 
.«ame  was  made. 

Sbc.  3.  Br  it  further  enacted,  That  the  pro- 
visions of  this  act  shall  not  apply  to  any  tract  or 
.tracts  of  land  located. by  said  Dansby,  which  may 
have  been  entered  from  the  Federal  or  State  Gov- 
ernment, by  any  person  or  persons  at  any  time  be- 
fore the  passage  of  this  act,  and  such  entries  shall 
jsot  be  disturbed. 

Sec.  4.  Be  it  further  enacted,  That  this  act  take 
^^Saci  and  be  in  force  from  and  after  its  passage. 

Approved  December  20,  1861. 


LAWS  OF  lAJSSiasipri.  19y 

CHAPTER  CXLVIII. 

!  •    ■      ■    "  •  ■      ■ 

AN  ACT  to  confer  discretionary  power  on  the  Board  of 
Police  of  Pike  County,  in  relation  to  the  Free  Negroes 
of  gaid  County. 

Se€.  1.  Be  it  enacted  by  the  Ij'gislature  of  the 
State  of  Mi'msmppi,  That  tho  board  of  police  of 
Pike  connty,  are  hereby  authorized  to  issue  license 
to  such  of  the  free  nep^roes  now  livinj:^  in  said 
county,  to  remain  within  its  limita  as  shall  upon 
witiafactory  evidence  to  them  appear  to  be  of  good, 
character  and  in  nowi?e  dangerous  to  the  commu- 
nity, and  they  may  revoke  said  license  upon  their 
becoming  depraved  and  troublesome. 

Sec.  2.  ^nd  b;  it  further  enacted,  That  it  shall 
be  the  duty  of  the  sheriff  of  said  county,  to  appre- 
hend, and  it  shall  be  tho  duty  of  the  board  of  po- 
lice to  have  sold  into  slavery  any  fre«  negro  of  s«,id 
county  who  shall  bo  found  within  i\s  limits  after 
the  first  day  of  March,  1862,  without  a  license 
from  the  board  of  police  to  remain,  and  all  funds 
so  arising  from  the  sales  of  free  negroes  shall  pass 
to  the  credit  of  tho  common  school  fund  of  said 
eounty. 

Sbc.  2.  Bt  it  further  amcfed,  That  thid  act  take 
effect  from  its  passage. 

Appi'oved,  Efecember  20,  1861. 


CHAPTER  CXLTX. 

AN    ACT  to  authorize    the    Prceide^t  of   the  Boards  oi 
Trustees  of  School  Funds  to  qualify  their  own  body,  &c. 

Sectiox  1 .  Be  w  enuictcd  by  the  Legislature  of 
the  State  of  Mi-'^sissippi,  That  the  President  of 
the  Boards  of  Trustees  of  tlie  school  funds  of  the 
sixteentli  sections  of  the  several  counties  of  this 
State,  and  the  presidents  of  other  boards  of  school 
commissioners,  aft^r  first  having  been  qualified  by 
any  person  authorized  to  administer  an  oath,  shall 
have  full  power  to  qualify,  by  oath,  their  own 
body,  their  successors  in  office,  and  the  managerfl 
of  elections,  for  trustees  of  said  school  funds. 


200  LAWS   OF   MISSISSIPPI. 

Sec.  2.  Be  it  furih'-r  enacted,  That  this  act  shaU 
take  effect  and  be  in  force  from  and  after  it8  pae- 
?age. 

Approved,  January  25,  1862. 


CHAPTER  CL. 

AWlCT  for  the  relie    of  debtors  to  the  School  fund 'of 
the  several  counties. 

Sec.  1.  Be  it  enctcted  by  the  Legislature  of  fJt£ 
State  of  Mlssisfiippi,  That  all  persons  who  on  tk« 
6th  day  of  August,  1861,  were  indebted  to  the 
school  funds  of  the  several  townships  and  couritieB 
of  this  State,  and  who  shall  punctually  pay  all  the 
interest  on  such  debts  as  the  same  may  fall  due,  and 
who  shall,  when  required,  renew  the  said  debts, 
with  good  and  satisfactory  securities,  and  who 
shall  also  pay  all  costs  that  have  accrued  in  any 
suit  brought  thereon,  shall  be  entitled  to  all  th^ 
benefit  and  protection  of  an  act  entitled  an  act  to 
modify  the  collection  laws  of  this  State,  approved 
August  6,  1861,  anything  in  the  said  act  contained 
to  the  contrary  notwithstanding. 

Sec.  2.  Be  it  furtJier  enaded,  That  this  aei 
shall  take  effect  and  be  in  full  force  from  and  aftw 
its  passage. 

Approved  January  22,  ,18Q2. 


CHAPTER  CLL 

.,AH  ACT  to  change  the  time  of  holdiag  the  Probate  Court 
'      '"  of  Pike  county. 

SectiO!?  1 .  Be  it  enacted  by  the  Legislatwre  of  the 
State  of  Mississippi,  That  hereafter  the  probata 
court  of  Pike  county  shall  commence  on  the  fourth 
Monday  of  each  month,  instead  of  the  first  Moa- 
day  as  now  provided  by  law,  and  that  tliis  act  tak^ 
effect  from  and  after  the  teith  day  of  February., 
1862, 

Approved  Jao«ary  25,  1862. 


LAWS  ol»  MissmHipri.  201 

CHAPTER   CLII. 

AN   ACT  to  pro^?ide   lor   payment  oi    cohtf>    in  prosecu- 
tions sgainpt  sUveB. 

Whkrbas,  doubt  exist"  under  the  law  a.s  it  novr  - 
stands,  whether  costs  incurred  in  the  prosecution 
of  slaves  are  payable  out  of  the  county  or  State 
treapury  ;  and  whereas,  the  auditor  of  public  ac- 
coonts  called  upon  the  attorney-general  for  hi.- 
opinion,  who  held  that  the  law  as  it  t*et  forth  in 
Hutchinson's  Code,  by  which  such  costs  and  ex- 
penses were  paid  out  of  the  county  trea,<iiry,  havr 
not  been  changed  by  the  code  of  1857.  Therefore, 

?^EeTiON  \.  Beii  cnarti'd  by  the  Legidature.  of  the 
State  of  Mississippi,  That  all  costs  incurred  in 
the  prosecution  of  slaves,  whether  in  offencx^is 
punishable  capitally,  or  otherwise,  be  and  the  ;-;anie 
shall  bo  paid  out  of  the  treasury  of  the  State,  u))on 
the  accounts  of  the  same,  being  made  out  and  c*- 
tified  in  the  mode  prescribed  by  the  existing  l&M^f^ 
Bpon  that  subject  '  '-i     -    'l  m     - 

SeC;  2.  Be  it  further  enncUd,  That  all  account's 
for  costs  incurred  in  prosecutions  referred  to  in 
the  first  section  hereof,  arising  in  cases  heretofore 
decided,  but  the  costs  in  which  have  not  been  paid, 
when  certified  in  the  form  now  required  by  law. 
shall  be  paid  out  of  the  treasury  of  the  iState. 

Sfic.  3.  Be  it  further  enacted^  That  no  costs  or 
expenses  incurred  in  the  prosecution  of  slaves 
shall  be  paid  out  of  the  State  treasury,  except  such 
costs  and  expensed  as  are  by  law  payable  out  of 
the  said  treasury  in  case  of  criminal  prosecution*^ 
against  white  persons,  anything  in  this  act  con- 
tained to  the  contrary  notwithstanding,  and  that 
all  laws  authorizing  the  payment  of  the  costs  and 
expenses  incurred  in  the  prosecution  of  slaves  out 
of  the  county  treasury  be  and  the  same  are  hereby 
repealed. 

Sec.  4.  Be  it  further  enacted.  That  this  act 
shall  take  effect  and  be  in  force  from  and  after  iti^ 
pAssage. 

Approved  January  22,  1862. 


20^  T,AWS  OP   MISSISSIPPf. 

CHAPTER  CLIIl. 

A¥  ACT  to  authorize  the  sale  of  the  Sixteenth  Section  of 
School  Lands  belonging  to  that  portion  of  Tunica  county 
included  in  the  Choctaw^  purchase,  in  order  to  consolidate 
the  Chickasavr  and  Choctaw  school  fund  of  said  county. 

Section  1.  ih  U  enacttd  by  the  Legislature  of  tJw 
State  of  Muf.nJi»ippi,  That   upon  u  petition  of  a 
majority  of  the  citizens  of  the  several   townships 
of  that  part  of  Tunica  and  Coahoma  Counties  in- 
cluded in  the  Choctaw  cession,  to    the   Boards  of 
Police  of  their  respective  counties,  for  the  sale  of 
the   sixteenth   yections,   lying  in  these  townships 
Goirds  of  that  are  divided  by  the  county  line  of  I'utiica  and 
Police  Coahoma  countie:*,  the  Boards  of  Police   at   their 
nay  order  (Jigeretiou  may  order  the  sale  of  said  sixteenth  eec- 
*■  tions,  or  either  of  tlieni,  by  first  giving  thirty  day» 

notice,  at  three  or  more  of  the  most  public  places 
in  said  eoautie;?,  one  of  which  shall  beat  the  Court- 
house door,  describing  the  lands  bo  offered  for  sale, 
to  be  sold  on'^uch  term>^  'jnd  conditions  as  maj 
appear  to  ftaid  boards,  mo«i  conducive  to  tiio  ia- 
terests  of  the  school-funds  ot  Sivid  county  or  coun- 
ties. 

Sec.  iJ.  Be   it  further  enacted,  That  the  funds 
p     ,     arising  from  the  sale  of  the  lands  in  these  town- 
^^^°^f^  ghips  divided  by  the  county  line,  shall  be  equally 
pfted         divided  between  the  counties  of  Tunica  'ind  Coa- 
homii,  to  be  aj:»plied  to  school  purposes  in  the  town- 
ships in  which  the  said  sixteenth  sections  so  sold 
may  lie.      The   order  of  sale  to  be  made  by  the 
Boards  of  Police  of  Tunica  and  Coahoma  counties 
jointly,  and  advertised  in  each  of  these  coi  nties, 
and  sold  by  the  sheriff  of  Coahoma  county  j^  t  the 
Court-house  door  thereof. 

Sec.  3.  Be  it  further  enacted,  That  the  land* 
lying  in  these  townships  in  Tunica  county,  shall  b$ 
under  the  exclusive  control  of  the  Board  of  Police 
of  said  county,  so  far  as  to  order  the  sale  and  term« 
and  conditions  thereof,  but  funds  arising  from  the 
sale  thereof,  shall  be  applied  to  the  purposes  of 
education  in  the  township  in  which  the  land  so 
ifiold  may  be  situated,  unless  the  inhabitants  of  the 
towuijhip  shall  petition  the  Board  of  Police  to  con- 


LAWS  OP  Miesissippr.  2.#S 

«olidate  the  fund  arising  from  the  sale  with  the 
Chickasaw  school  fund  of  said  county  of  Tunica, 
ka  that  case,  the  Board  of  Police  may  exorcise  their 
Kllscrction. 

Sec.  4.  Be  it   further  enarted,  That  the  sheriffs 
of  the  several  counties  of  Coahoma  and   Tunica,     ^^^  ^^^* 
5hall  within  ten  days  after  the  sale  of  these  lands,  moBio^. 
j>ay  over  to  the  county  treasurer  or  Rchool  commifj- 
j-noners  of  tiie  proper  county,  all  the  proceeds  ari-     : 
*^iug  from  the  sale  thereof,  made  in  acdordauco   t©    '"■ 
tiie  order  of  ?ale,  by  said  Board   or   Boards  of 
Police,  taking  a   receipt   therefor,   which   receipt 
^all   be   recorded  in    the   office   of  the   Probate 
Comi.  of  each  county,  and  operate  as  a  discharge 
f»-oin  any  further  liability  of  the  sheriff  thereof. 

Sec.  5.  Be  ii  further  enacted,  Tliat  this  act  shall 
l*e  in  force  and  take  effect  fi"bm  its  passage. 

Approyed,  January  22,  1802. 


CHAPTER   CLIV. 

AN  ACT  to  authortzw  and  require  the  Clerk  of  the  Circuit, 
Ohaooerj  and  Probate  Courts  of  Harrison  County  to  re- 
move the  records  aod  papers  of  bis  office,  and  for  other 
purposes. 

Sectiow  1.  Be  it  enacted  by  the  Legi-dniinre  of  the 
Slate  of  Mis-9i£sippi,  That  the  Clerk  of  the  Circuit, 
Chaucerj  and  Probate  Courts  of  Harrison  be  and 
he  is  hereby  authorized  and  required  to  remoye  all 
the  records  and  papers  in  his  several  offices  to 
some  safe  place  in  or  out  of  the  county,  beyond  the 
reach  of  the  invading  enemy.  A 

Sbc.  2,  Beit  furfJier  enacted,  That  the  Board -J 
of  County  Police  make  said   Clerk  an  allowance 
for  the  ex  peases  of  the  removal  of  said  records  and 
papers,  said  allowance  to  be  paid  out  of  the  county 
treasury. 

Sec.  3.  Be  it  further  enacted,  That  this  act  take 
effect  aad  be  in  force  from  and  after  it.!  pa,-siige. 

Approved,  January  22,  1862. 


2^4  j.AWfj  OP  Miasifisippi. 

CHAPTER  CLV. 

AN  ACT  for  the  relief  of  W.  G.  Martin,  of  Laiayott* 
County. 

Wh-reahv  the  assessor  of  taxes  for  the  county, 
of  Lafayette,  in  making  out  the  tax  roll  for  the 
jear  1860,  committed  an  error  in  estimating  the 
amount  of  the  State  tax  on  the  personal  property 
of  W.  G.  Martin,  of  fifteen  dollars,  which  excess 
the  said  W.  G.  Martin  ha«paid  to  the  Collector  of 
taxes  of  said  co»unty,  and  has  his  receipt  for  the 
same,  therefore,  .    i 

Section  1.  Be  it  enacted  by  the  Legislature  oftbe 
State  of  Mississippi,  That  the  Auditor  of  Publi© 
Accounts  be  authorized  and  he  is  hertby  required* 
to  issue  his  warrant  on  the  State  Treasurer  in 
favor  of  the  said  W.  (4,  Martin,  for  the  said  amount 
of  fifteen  dollars  to  be  paid  out  of  any  money  m 
the  treasury  not  otherwise  appropriated. 

Sec.  2.  Be  it  further  macted,  That  .this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  January  25,  1'862. 


CHAPTER  CLVi. 


iK   ACT  to  limit  th^  amount  of  the  lery  of  the  Countf 
Tax  for  Green  County  for  general  purposes. 

I 

Sbction  1 .  Beit  enaded  hy  the Leg-I^shtwe of  t/te 
State  of  Mississippi,  That  the  Board  of  Police  of 
Green  county  shall  not  hereafter  levy  a  county  tax 
for  general  purposes  to  an  amount  greater  than 
one  hundred  per  cent  on  the  State  levy  for  the  jean* 
JL.  D.  1861,  for  general  purposes. 

Sec.  2,  Be  it  further  e^mded,  That  this  act  8h»H 
take  effect  and  be  in*  force  from  and  after  its,, pas- 

«e.  .  :-  -.  . 

Approved,  January  25, 1862.  artf^K 


CHAPTER  CLVII. 

AJS  ACT  for  the  relief  of  the  Sheriff&nd  County  Treasurer 
^of  Leake  and  Attala  ceuatios. 

Section  1 .  Beit  enacted  by  tht>  LegialcUt^re  of  th^ 
State  of  Mississippi,  That  tho  Preaidents  of  the 
boards  of  Police  of  Leake  and  Attala  counties  be 
Mid  they  are  authorized  and  empoMrercd  Ut  take 
and  approve  the  additional  bomi  required  to  be 
gireu  by  tho  SherifiEn  and  County  Treasurers  of 
•aid  counties,  before  they  collect  and  receive  any 
apecial  tax  required  tx>  be  collected  or  received  by 
them  or  either  of  them,  in  ca"<e  of  tho  absence  of 
the  Probate  Judaea  thereof. 

Sec.  2.  Bf'  it  further  enacted.  That  th-"  «c*  lake 
effect  and  l)e  in  force   from  and  after  its  pas-wge. 

Approved,  January  22,  1862. 


CHAPTKR  CI4VIII. 

AU  ACT  for  the  benefit  of  the  PaooU  CutiiIjj  and  'I'illntoba 
QFreys,  the  first  commanded  by  Capt.  W.  O.  Middleloa, 
tho  second  by  W.  S.  Eskridge* 

SeC'TO'^  \ .  Be  it  cnarled  by  th^.  fjeffisiaiuys  of  the  / 
Stafc  of  Mi-'i.^iAsippi,  That  the  sum  of  two  thou.^aod 
dollars  bo  and  the  samniH  hereby  appropriated  oat 
<>f  aiiy  money  in  the  treiwury  not  otherwise  appro- 
priated, t<)  each  of  the  above  named  companies, 
to-wit:  two  thousand  dollars  to  the  Panola  Cavalry 
and  the  like  aum  to  the  Tillatoba  Greys,  for  the 
[)nrchase  of  sabrci?,  or  other  necest^ary  arras  or 
aquipments  for  said  companicvs  now  in  the  Confed- 
rate  service,  and"  in  Camp  at  Grenada,  Misjjiaaippi. 

Siic.  2.  Be  it  further  enacted,  That  the  Auditor 
of  Public  Accounts  be  and  he  ia  hereby  inatructed 
to  draw  his  warrant  on  the  State  Treasurer  for 
the  sum  of  two  thousand  dollars,  in  favor  of  Capt. 
W.  G.  Middleton,  and  for  the  like  amount  in  favor 
of  W,  S.  Eskridge,  out  of  any  money  in  the  trea- 
sury not  otherwise  appropriated,  pi'ovided  aaid  W. 
G.  Middh>ton  and  W.  S.  Eskridge' shall  each  first 


execute  his  b*5ud  for  the  safe  keeping  and  delirert 
to  the  State  of  Mississippi  of  said  sabres  or  othei- 

irittarms  and  equipments  so  purchased,  at  the  expira- 
tion of  the  time  of  enlistment. 

Sec.  2.  Be  it  further  eva/ied,  Hiat  in'the  CTcnt 

'      the  above  named  companies,  or  either   of  them, 

.should  be  attached  to  the  regiment  now  forming  by 

Col.  Starke,  that  the  said  Col.  Starke  be  and  So  i» 

hereby  required  to  return  to  the   ti-eaaury  of  thf; 

''^^  State  the  amounts  herein  appropriated  to  said  eoi»r 

**^  Imnies  or  either  of  them. 

V     Approved,  January  22,  1802. 

CHAPTER  GLIX, 

AN  ACT  in  relation  to  the  naTigation  of  Deer  Creek  fcy 
Keel-boats  and  other  water-craft,  so  far  as  the  same  re- 
lates to  the  County  of  Issaquena. 

SECTiOJf  1.  Be  it  enact fd  hy  the  legislature  of 
the  Stxite  of  Mississippi,  That  whenever  any  keel- 
'**!,  boats  or  other  water-craft  in  navigating  that  por- 
tion of  Deer  Creek  lying  in  the  County  of  Issa- 
^  <jucua,  shall  find  it  necessary  to  remove  or  displace 
any  portion  of  any  bridge  constructed  over  the 
said  creek,  it  shall  be  the  duty  of  the  owner,  Cap- 
tsiin  or  other  person  commanding  the  said  keel-boat 
or  othei-  water-craft  t©  replace  the  portion  of  the? 
bridge  removed,  and  to  put  such  bridge  in  as  good 
eondition  aw  before  any  ])ortion  thereof  was  re- 
moved for  the  passage  of  such  boat,  and  for  a  fail- 
ure t-o  comply  with  tlie  provisions  of  this  act,  thi» 
owner  of  such  keel-boat  or  other  water-craft  shall 
be  fined  in  a  sum  etjual  to  douljle  the  amount  ol' 
damage  done  such  bridge,  to  bo  recovered  in  any 
court  of  competent  jurisdiction. 

Sec.  2.  Be  it  furtJier  enacted.  That  for  damages 
done  to  public  bridges  suit  shall  be  instituted  un- 
der this  act  by  the  Board  of  Police  of  the  Coantj^ 
iind  this  act  shall  take  effect  and  be  in  force  from 
and  after  it«  passage. 

Apy)roved,  January  22,  1862. 


LAtPS   OF   MTSPrSWM^.  ^^^ 

CHAPTER  CLX. 


AN  ICrr  to  autborize   Rebecca   CoUiM  to  c«»T»y  Spertiin 
'  ,*'■"         'J    -►         laadF,  i». 

Section  1 ,  Be  it  ena^frd  hitke  Ijt-g-lMafvrc  of'tht 
State  of'  ^««.s'tA,9^jny>«',  That  Rel>frca  Col lirK«,  the 
wife  ol*  J.  W.  Collins,  of  Green  county,  be  and  she 
is  hereby  relieved  of  her  civil  disabilities  of  minor- 
ity, so  far  a,s  to  enable  her  jointly  with  her  husband 
to  execute  a  decil  of  conveyance  to  any.  purchaser* 
for  the  follo\ring  parcels  of  land,  to-wit :  The 
south  half  of  fractional  fH^x'tion  eleven,  township 
five,  range  six  went ;  the  north  end  of  fractional 
section  fourteen,  township  five,  range  six,  west, 
bounded  as  followf),  to-wit :  Commencing  at  Ca-s- 
well's  Bluff,  on  the  wc'^t  pide  of  Chicka?ahay  rivoi 
and  running  due  west  to  the  flection  line,  thence 
with  the  said  line  to  the  north-west  corner  of  said 
section,  thence  cast  to  the  paid  river,  and  thence 
with  said  river  to  the  place  of  beginning  ;  all  lying 
and  being  in  Green  county  in  this  State,  therel>y 

^'  transferring  to  such  purchaser  all  of  her  right,  title 
and  intercut  in  and  to  ^aid  land  as  fully  and  a.s 
validly  as  she  could  do  if  8ho  -vrere  of  |he  age,, of 

,i,  twenty-one  years.  '  , 

Sec.  2.  Be  it  further  f'naci€<l,  That  thjs  ,a(;t  taice 
effect  from  and  after  its  passage. 

Approved,  Jajiuary  22,  1862.  [^i 

(niAPTER  CLXI. 

AN  ACT  to  i"enjoTe  th«  disabilities  of  minoj'5  in   certain 
cases. 

Section  1 .  Be  it  enaHrd  by  the.  Legi.slatu-re  of':  the 
JSt'Ots  of  Mississippi,  Tliat  any  minor  in  the  army 
or  who  hereafter  may  onli?t,  shall  be  empowered 
to  give  a  receipt  to  his  guardian  for  any  one  ser- 
rant  he  may  desire  to  tak'^  'nto  camp  to  wait  upon 
him,  and  said  receipt,  if  th--  -lavo  shall  not  be  re- 
turned, phall  be  a  full  aiCqniiwi.noe  and  discharge  to 
•uch  guardian. 


Sec.  2.  Be  it  furiher  en-aefed,  That  if  any  ro- 
eeipt  has,  before  the  passage  of  this  act,  been  given 
by  any  minor  to  his  guardian,  for  Uie  purposes 
mentioned  in  the  first  section  of  this  act,  such  re- 
ceipt is  hereby  fully  legalized  as  if  given  since  the 
passage  of  this  act. 

Sec.  2.  Bt  it  furOfer  eiicx-itd,  That  this  act  take 
effect  and  be  in  force. ft-om  and  aft^r  its  passlEige. 
j  Appi-oved,  January  22,  1862. 


AH  ACT  to  amend  an  act  eatHled  an  act  to  iooorporaU 
the  CeatnU  Mississifpi  Female  College  k  the  town  of 
Islington,  HoJaesooiinty,  afppored  Feb.  35th,  l^JH." 

.'  ■ ,    ■  '    .'  i:  ^Vff 

Section.  1.  Be  it  eaat-Ud.  hy  th  Legislature  o/ 
iJu  St<iff  of  Mmi^'fippi,  That  A..  V.  Rovre,  W. 
Wilson,  I).  W,  BeaU,  J.  P.  PovaJ.  H.  D.  Bickley, 
W.  Thomas,  S.  SUeler,  i.  ,t.  Hooker.  T.  S.  Wright, 
D.  A.  Holnxan,  V7M.  M.  Ale^cander,  J.  M.  We^H. 
F.  M.  MoMUlan,  A.  B.  Harfifi,  J.  M.  Dyer,  J.  A. 
Onrdeu  and  II.  Pittmafl,  be  and  they  oi'e  hereby 
constitnted  a  pcitnanent  Boaid  of  Trustees  of  the 
Central  Mjsgiswppi  FemaJe  CoUege,  with  power  to 
aU  all  vacancies  ocra^sioned  by  death,  resignation 
or  othetwii<e,  PrxHy>d''d,  That  three  fonrfhs  of  said 
Boai-d  .shall  be  mernbcrs  of  Baptist  churches. 

BfM".  2.  B^  it  fnrtht'r  fjiackJd,  That  so  much  of 
action  3of  Ujc'above  it?cit<3d  act  as  gives  to  the 
Ya/>oo  Baptist  Association  the  power  to  appoint 
annually  a  Board  of  Trustees  for  iraid  College  be 
and  the  8aaie  is  hereby  repealed. 

Sec.  3.  Bf  it  furthei'  oiaded,  That  this   act 
*hall  take  effect  and  be  in  force  iram  and  after  its 
passage. 
T^' Approved  January  22,  1862. 


LAWS   OF   MISSISSIPPI.  %9 

CHAPTER  CLXIIL 

i  'AN  ACT  to  repeal  an  act  entitlied  an  act  to  incorporate  tho 
.•^..,,  town  of  Gallatin. 

*,.  t  Section,  r.  Be  it  enacted  by  the  Legirskuurc  of  the 
State  of  3Iissisaippi,  That  the  act  entitled  an  act 
to  incorporate  the  town  of  Gallatin,  in  Copiah 
county,  approved  February  4th  1829,  be  and  the 
same  is  hereby  repealed,  and  that  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 
Approved,  January  18,  1.^02. 


CHAPTER  CLXIV. 

AN  ACT  to  extend  the  time  for  the  payment  of  taxes  in  the 
o^ce  cf  the  Auditor  of  Public  Accounts  by  persons  own- 
.    ing  property  in  counties  in  which  they  do  not  reside. 

.Section  1.  Be.itenaited  by  the  Legislahire'o/ 
the  State  of  Mississippi,  That  the  time  allowed  oy 
law  to  persons  ow^ning  property  in  counties  in 
which  they  do  not  reside  within  which  they  may 
pay  taxes  on  such  property 'in  the  office  of  the 
Auditor  of  I^iblio  Accounts,  be,  and  the  same  is 
hereby  extended  to  the  first  Monday  in  May  next 
and  that  the  same  shall  be  paid  in  said  office  by 
such  persons  pm-suant  to  the  terms  and  conditions 
prescribed  in  chapter  3,  section  8,  article  32,9f  the 
Kcvised  Code,  any  law  to  the  contrary  notwith- 
standing, and  the  Auditor  sliall  transmit  to  tjie 
several  collectors  a  list  of  such  payments  by  tlie 
first  day  of  June  loUowing  ;  Provided  hoKcvtr^ 
That  nothing  in  this  act  contained  shall  be  under- 
stood or  construed  to  extend  or  interfere  with  the 
time  now  allowed  by  law  for  the  payment  in  the 
Auditor's  Office  of  that  portion  of  the  State  Tax 
known  as  the  Military  Fund,  levied  under  the  or- 
dinance of  the  State  Convention,  but  all  pi  rsons 
authorized  and  desiring  to  pay  the  said  Military 
Fund  Tax  to  the  Auditor,  shall  pay  the  same  on  or 

L— 23 


1 


10  LAVl  f   MiKSftWir^U 

before  the  last  day  of  Febmarj  next,  and  the  Audi- 
tor shall  tranBmit  to  the  aeroral  colleotors  a  list  of 
«uch  payment  by  the  first  day  of  April  next. 

Sbc.  2.  Be  it  further  enaded,  That  all  lawi 
and  parts  of  laws  noir  in  force  conflicting  with  th« 
provisions  of  thia  act  b6  and  the  sama  arc  repealed, 
and  that  thia  act  take  effect  and  be  in  forc«  from 
and  after  its  passage. 

Approved,  January  28, 1862, 


CHAPTER   CLXV. 

An  ACT  to  change  the  names  of  Rose  Elizabeth  Christine 
Pradat,  Alice  Caroline  Arcene  Pradat,  MathHde  Louise 
Pradat,  and  Camfelle  Christopho  Amaauel  Pradat,  aad  for 
other  purposes. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  Rose  Elizabeth  Chris- 
tine Pradat,  Alice  Caroline  Arcene  Pradat, 
Mathilde  Louise  Pradat,  and  Camielle  Christopho 
Amanuel  Pradat,  shall  hereafter  be  called  and 
known  by  the  name  of  Rose  Elizabeth  Christine 
Toledano,  Alice  Caroline  Arcene  Toledano, 
Mathilde  Louise  Toledano,  Camille  Christophe 
Amanuel  Toledano,  and  by  said  names  may  sue 
and  be  sued;  plead  and  be  impleaded  in  any  court 
of  law  or  equity. 

Whereas,  Christophe  Toledano,  the  natui-al 
father  of  the  persons  mentioned  in  the  first  section  of 
this  act,  has  since  their  birth  married  their  mother 
Miss  Mathilde  Pradat,  and  both  father  and  mother 
being  anxious  that  they  should  bo  made  capable 
of  inheriting  their  estates. 

Sec.  2.  Be  it  further  enacted,  That  the  said  Rose 
Elizabeth  Christine  Toledano.  Alice  Caroline 
Arcene  Toledano,  Mathilde  lionise  Toledano, 
Camille  Christophe  Amanuel  Toledano,  are  hereby 
declared  to  be  the  lawful  heirs,  and  made  capable 
in  law  to  inherit  from  the  said  Christophe  Tole- 
dano and  Mathilde  Toledano,  in  the  same  manner 
as  though  they  had  been  born  in  lawful  wedlock. 


lawb  or  MISSISSIPPI.  ^ittk 

Sbc.  3.  Be  it  further  enact«i.  That  this  act  taie 
effect  and  be  in  force  from  and  after  its  passage. 
Approved,  January  22,  1862. 


CHAPTER  CLXVI. 

AN  ACT  to  authorize  William  Noel,  Administrator  of  the 
estate  of  Samuel  Sample  deceased,  to  purchase  certain 
land. 

Section  1.  Be  it  ejuwted  hy  the  Legislature  of 
the  State  of  dfississippi,  That  William  Noel,  Ad- 
ministrator of  tlie  estate  of  Samuel  Sample  deceas- 
ed, late  of  the  couatj  of  Holme?,  with  the  will 
annexed,  be  and  he  is  hereby  authorized  to  pur- 
chase of  Rolin  Williams  of  said  county,  upon  a 
credit,  a  tract  of  land,  situate  in  said  county,  ad- 
jacent to  or  near  the  plantation  of  said  Samuel 
Sample,  containing  about  three  hundred  and  twen- 
ty acroe,  for  the  legatees  of  said  testator  ;  Provided 
however,  That  the  Probate  Court  of  said  county, 
shall  approve  of  the  purchase  and  the  terms  thereof, 
And  provided  further.  That  said  Administrator 
Bhall  be  required  to  take  good  and  sufficient  title 
to  said  land,  in  the  name  of  said  legatees  k)  be  ap- 
proved by  said  court  and  to  record  the  same  in  the 
Clerk's  office  in  said  county. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall 
be  in  force  from  and  after  its  passage. 

Approved,  January  22,  1862. 


CHAPTER  CLXYll. 

AN  ACT  supplemental  to  an  act  entitled  an  act  to  authorize 
Railioid  Companies  in  this  State  to  issue  notes  to  be  cir- 
culated as  money,  approved  December  20th  1861. 

Section  I.  Be  it  enacifdh,'  the  Legislatvre  of  the 
State  of  Mississippi, lihiii  in  addition  to  the  amount, 
of  notes  already  alluwctl  jp')  lutliorized  to  be 
issued  and  rc-issueu  i>\  m  .AUflroad  Companies 
named  in  the  act  to  which  inis   is  a   supplemeutj. 


•**12  -IXAWSOF  MISSTSSIPPT. 

the  following"  named  Railroad  Companies,   may 
Amount  issue  and   re-is?iie   reppectively,   these  additiooal 
"issued  by  sums,  to-wit:  The  Mississippi    Central   Railroad 
R.  R.  com-  Company,  one  hundred  and  fifty  tliousand  dollars  ; 
ipauies.       ^i^g  Mobile  and    Ohio    Railroad    Company,   two 
hundred  thousand  dollars;  the  Southern  Railroad 
Company,  one   hundred    thousand    dollar? ;    the 
Mississippi   and    Tennessee     l'«ailroad    Coiiipany, 
*'^  seventy- five  thousand  dollars;  the  West  Eelidna 
"''■Railroad  Company,  thirty  thousand    dollars' and 
the  Grand  Gulf  and  Port  Gibson   Railroad' 'Com- 
v,pany,  the  sum  of  three   thousand    dollars  with  all 
^,  the  powers,  rights,  privileges  and  immunities,  and 
,.j3ubiect  to  all  the  limitations,    restrictions   lorfeit- 
ff- ures,  and  penalties,  exj)ressed  or  imposed    in    and 
by  the  said  original  act.  and  that  the   North  East 
and  South  West  Railroad  Company  be  authorised 
to  have  the  benefit  of  this  act.  to  an   amount  not 
exceeding  ten  .thousand    dollars,  and    that   said 
Company  shall  establish  and  keep  an  office  in 'ihe 
town  of  Marion  in   Lauderdale  county  for  the  re- 
demption of  the  notes  issued  b}''  it  under  this  act. 
Sec.  2.  Be   it   further  enacted,  That  said  notes 
issued  under  this  act  or  the  act  to  which'  this  is  a 
Notes,  su})pleraent  may  be  of  any  denomination   of  five 
when   re-..dollars  or  uuder,  and  not  less  than  five  cents,  and 
doomed,     ghyll  always  be  redeemed  as  provided  for  iii  the 
oi'iginal  act,  when  j)rescDtedin  sums  of  five   dol- 
lars or  its  multifile,  i^aid  n»tes  shall  be  signed  and 
countersigned,  as  povided  in  the  act  to  which  this 
is  a  sup|)lenient  oitlt<'r  by  the   President  and  Sec- 
retary or  Treasurer  of  said  companies  respectively 
or  by  some  other  jierson  or  persons,    specially  de- 
puted in  writing  by    the   President   or   Board  of 
Directors  of  the  respective  Railroad  companies 
ht'ifin  named. 

Sec.  B.   B     H  furth'iv  /nadedy  That  the    Mem- 

Officeat  P^''^  and  Charleston  Railroad  company  ai-e  hereby 

luka.         authorized  to  issue  and  and  re-issue  an  amount  of 

notes  untler  the  pi'ovisions  of  this  act,  and  the  act 

\  to  which  this  is  a  supplement  not  exceeding,  two 

hundred  and  fifty  thousand   dollars,  and  the   said 

M'tni>his  and  Charleston  Railroad  Company  shall 

estaWlif^li  and  Wave  an  oHice  at  the  town  of  luka  in 

tlii-  State,  where  it  sliall  redeem,  its  notes  iasued 


.'tAWB  OF   MISSISSIPPI.  218! 

under  tlie  provisions  of  this  act  and  the  act  to 
which  this  is' a  supplement  and  sliall  in  all  things, 
so  far  as  the  issuance,  re-issuance  and  redemption 
of  the  notes  allowed  to  be  issued  under  this  act  by 
said  company  be  subject  to  the  laws  of  this  State.       ^g. 

Sec.  4.  Be  it  further  enacted,  That  Macou   in  Macoa  ' 
Noxubee  county  in  this  State,  be  and  the  same  is 
hereby  designated  as  the  point  for  the  redemption 
of  the  notes  issued  •by  the  Mobile  and  Ohio  Rail-ro 
road  company  under  this  act.  •■' 

Sec.  5.  Be  it  further  enacted,  That  should  eith- 
er of  the   Railroad  companies  authorized  to  issue      Penary 
notes  to  circulate  as  money,  refuse  to  receive  the  r^'  i"eru!*- 
bills  of  any  of  tlie  roads  authorized  by  this  act,  or  '"^  ""^  "^ 
the  act  to  whicli  this  is  a  supplement  in    payment i 
of  freight  or  y)assage  on  their   road,   at  ])ar,  such-^^o 
Railroad  company  shall  forfeit  and  pay  to  the  per-   •■ 
son  or  persons  aggrieved,  by  vsuch  refusal,  double 
the  amount  of  the  notes  so  refused  to  be  received, 
in  any  CQurt  having  jurisdiction  thereof. 

SeC!.  0.  Be  it  further  cnaclcd,  Tliat  this  act 
take  eflect,  and  be  in  force  from  and  after  its  ac- 
ceptance by  a  majority  of  live  stockholders  present 
at  any  annual  or  convened  meeting  in  person  or 
by  proxy  of  the  said  companies  respectively  and 
filing  a  copy  of  such  acceptance,  in  the  office  of  . 
Secretary  of  State,  so  far  as  to  bestow  on  said^'t 
Railroad  companies  respectively,  all  the  powers 
and  privileges,  intended  to  be  conferred  by  this 
act,  and  the  act  to  which  this  is  a  supplement,     •wl 

Sec.  7.  Be  it  further  maded.  That  the  pre- 
sident of  each  Railroad  company,   herein    named 
shall  make  oath  before  some  person    having  legal 
authority  to  administer  the  same,  that  he  will  not 
sign  or  it-sue  or  authorize  to  be  signed    or    issued,, 
any  larger  amouiit  of  said  notes  of  circulation  thatf ' 
the  aggregate  suih  to  which  his  company  is   limi- 
ted by  this  act  and  the  act  to  which  it  is  a  supple- 
ment, wjiich  affidavit   shall    be   deposited    in  the 
office  of  the  Secretary  of  State,   and  if  any  other 
person  sliall  be  deputed  to  sign  such  notes  instead^ 
of  the  President  of  any  of  said  Railroad  companies, 
then  such  deputy  shall  take  the  same  oath   to   be 
deposited,  with  that  ot   the  President  of  the  same 
company  as  herein  provided. 


Ml*  LAWS  or  Missrssippf. 

Sec.  8.  Be  it    further    enacted,    That    if  any 
holder  of  the  notes  of  circulation    issued  by   said 
Railroad    companies  be  presented    at  the   proper 
office  of  redemption  and  the  same  be  not  redeemed 
according  to  the  requisitions  of  the  act  to  which 
this  is  a   supplement,   such   liolder  of  said  unre- 
deemed notes,  may  then  present  the  same  again  in 
Bums  of  twenty  dollars,  if  aggregate  sum  by  him 
or  her  held  exceed  that  amount,  and    demand  that 
the  agent  at  the  redemption  oflfice  shall  give  to  the 
presenter,     written  acknowledgment  of  said  pre- 
sentation and  refusal  to  redeem  and  thereupon  the 
said  holder  shall  have   the  right   to  institute  suit, 
before  any  justice  of  the  peace  in  the  county  where 
said  redemption  office  is  located  by  pervice  of  pro- 
cess on  the  said  redemption  agent,  and  it  shall  be 
the   duty   of  such  justice  of  the  peace  to   render 
judgment  on  each  acknowledgment   against  said 
Railroad  company,  for  the  amount  of  all  such  notes 
with  ten  per  cent,  damages,  and  issue   execution 
instanter,    against  said   company,   and   the   said 
plaintiff  shall  be  entitled  to  collection  and  satis- 
faction of  said  execution  according  to  law,  out  of 
any  property  belonging  to  said  company,  any  law 
to  the  contrary  notwithstanding.     If  such    agent 
refuse  to  give  the  said  required  ackitowlodj/mont 
then  on  proof  by  any  witness  of  such   refusal    the 
plaintiff  sliall  be  entitled  to  judgment   and  execu- 
tion in  same  manner  with   damages   to  extent  of 
twenty  per  cent. 

Approved,  January  22, 1862. 


CHAPTER  CLXVIII. 

AN  ACT  for  the  relief  of  J.  8.  Yerger,  Judge  of  the  third 
Judicial  District  of  the  State  of  Mississippi. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the 
State  of  Missi.ssipjn,  That  Jacob  S.  Yerger 
Judge  of  the  third  judicial  district  of  the  State  of 
Mississippi,  be  dnd  he  is  hereby  authorized,  to  be 
absent  from  the  State  of  Mississippi,  at  such  times 
and  for  such  periods,  as  will  not  interfere  with  the 
holding  of  the  courts  in  said  judicial  district. 

Approved  January  18,  1862. 


Li.w«  OF  mssisBippt*  its 

CHAPTER  CLXIX, 

RESOLUTION  is  r«Ution  io  •arellod  bllUu 

JStiohed  by  the  Senate  (the  House  concurring) 
That  all  bills  passed  by  this  Legislature  and  which 
have  been  enrolled  shall  lie  over  as  unfinished  bu- 
einees  until  the  meeting  of  the  Legislature  in  Jan- 
uary next. 

Approved,  January  15, 1862. 


CHAPTER  CLXX. 

AN  ACT   t«  increase  the  p*  j  of  the  Clerk  of  th«  Criminal 
Coort  of  Warren  countjr. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mviinssippi,  That  the  Clerk  of  the  Crim- 
inal Court  of  Warren  county  hereafter  be  allowed 
the  gum  of  two  hundred  dollars  for  his  services  and 
attendance  as  Clerk  o^  said  court  in  lieu  of  the 
amount  at  present  allowed  by  law,  to  be  paid  out 
of  the  county  Treasury. 

Sec.  2.  Be  it  further  enacted,  That  this  act 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  January  15,  1862. 


CHAPTER  CLXXI. 

AN  ACT  to  amend  chapter  8th  of  the  Rerised  Code  entitled 
an  act  establishing  the  fecR  of  certain  officers,  so  far  as 
relates  to  the  Clerks  of  the  Chancery  and  Probate  Courts 
of  Adams  county. 

Section  I.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  Clerks  of  the  Chan- 
«erv  and  Probate  Courts  of  Adams  county  shall  be 
authorized  to  receive  for  copies  of  each  bill,  an- 
nrer,  or  other  paper,  for  every  hundred  words  the 


216  LAWS  OF  MISSISSIPPI. 

8uni  of  fifteen  cents  instead  of  ten  cents,  now  allow- 
ed by  law.        ■  ■'  '.-r:-     .-,    v(i..:.      .1-     ..       .V..-      • 

•  Sec.  2.  He  it  lurlJier  enacted,  That  this  act  take 

effect  and  be  in  force  from  and  after  its  passage.' 
Approved  January  15,  L8G2.  ! ; 


CHAPT.Rll  CLXXII. 


AN  ACT  to  remove   the   civil   disabilities   of  Joseph  D. 

Quinn,  a  minor  of  Panola  county. 

.      f\         '  ■ '     ■         , 

Whereas,  Joseph  D.  Quinn,  a  minor  of  Panola 
county,  now  about  twenty  years  of  age,  has  volun- 
teered and  gone  into  the  service  of  his  country  ; 
and  whereas  the  said  Quinn  has  negro  property  in 
the  hands  of  his  Guardian,  and  wishes  to  take  with 
kim  a  boy  to  cook  for  him  and  mess,  to   which  his 
said   Guardian  has   no   objection,    provided,    the', 
disabilities  of  his  said  ward  be  so  far  removed  as*t 
to  -authorize  him  to  receipt  for  such  negro  ;  there-  t 
fore, 

Section  1.  Be  it  enacted  by  the  Lec^islatwe  qf  ■> 
the  State  of  Mississippi,  That  the  disabilitias  of 
minority  of  Joseph  D.  Quinn  of  Panola  county  be,;; 
and  the  same  are  hereby  so  far  removed,  as  to  ena- 
ble him  to  receipt  to  his  Guardian  for  oae  negro 
boy  to  take  with  him  to  the  war,  but  no  further, 
nor  for  any  other  purpose,  and  that  his  receipt  to 
his  said  Guardian  to  tliis  purport  and  extent  shall 
be  as  full,  ample  and  binding  as  ifi  the  said  Quinn 
had  attained  the  full  age  of  majority  under  our 
statutes.  '      '  '    '■  *<k 

,Sec.  t.  Be  it  further  eriided,  That  this  act  shall 
take  effect  and  be  in  force  frocn  and  after  the  fil^t 
day  of  January  1862. 

Approved  January  16,  18G2, 


LAWS   OK    M4W1SS1PPI.  21ifii 

^^  ^ '^  CHAPTER    CLXXIII.  •  ■  ,     . 

EESOLUTION  requiriug  the  Keeper  ot  the  Capitol  to  dis- 
tribute certain  books  to  the  Olerk  of  the  Circuit  Court  of 
Warren  county.  ,       . ,  ,  . 

BcsoJved  hii  thn  Legislature  of  thf -Spate  of  Mis- 
sissippi, That  the  Keeper  of  the  Capitol  be  ami 
he  is  hereby  direr-ted.  to  furnish  the  clerk  of  tlie 
circuit  court  of  Warren  county,  for  the  use  of  said 
Court  and  the  Probate  court  of  i^aid  county  one 
copy  of  each  volume  of  Howards,  Sracdes  and 
Marshalls.  Cushnians  and  George  reports  to  sup-  , 
ply  the  place  of  such  volumes  of  said  reports  a,§^ 
were  dcBtroved  by  the  burning  of  the  Court  House-; 
of  said  county— paid  books  to  be  delivered  to  said 
clerk  on  his  certiticatc,  setting  forth  the  volumcSQu, 

loet.  ,  .    . 

Bcsolved  further,  That  a  complete  copy  ot  the 
Reports  of  the  decisions  of  the  High  Court  of 
Errors  and  Appeals  of  ti^is  State  be  likewise  de- 
livered to  the  clerks  of  district  courts  of  the  Con- 
federate States  held  at  Jackson  and  Pontotoc  for 
the  use  of  the  court  held  at  those  places. 

Approved  January  2&,  1862. 


CHAPTER  CLXXIV. 

RESOLUTION  in  relation  to  the  State  Treasurer. 

'Resolved  by  the  Senate  (the  House  concurriug). 
That  it  shall  be  the  duty  of  the  Treasurer  to  report 
during  the  first  week  of  the  seesion  of  the  next 
Legislature,  the  amount  received  into  the  Treasury 
from  taxes  under  the  provisions  of  the  revenue 
laws  now  in  force,  and  that  he  suggest  such  amend- 
ments or  additions  thereto  as  in  his  jungment  will 
most  conduce  to  increase  or  diminish  the  revenue 
arising  under  the  law  at  pr<>sent  in  force  in  this 
State.  Also  showing  the  amount  received  for  .the 
redemption  of  tlie  Treasury  notes,  issued  for  miUta- 


U8  LAWS  Of  tiasu»iFn, 

* 
Tj  purposes  by  order  of  the    Convention,   and  the 
amount  of  gold  and  silver  received  on   account  of 
said  tax  for   the   redemption  of  ^aid   Bonds  or 
Treasury  notes. 

Approved,  January  29,  1862. 

CHAPTER  CLXXV. 

RESOLUTION  in  relation  to  th«  shipment  of  cottOD. 

Resolved  by  the  Legislatiire  of  the  State  of  Mvh 
sissippi,  That  this  Legislature  do  recommend  to 
the  Congress  of  the  Confederate  Governments  the 
propriety  of  prohibiting  by  stringent  legislation, 
the  exportation  of  cotton  from  any  of  the  ports  of 
the  Confederate  States,  unless  in  exchange  for 
cargoes  of  arms  and  ammunition,  or  articles  of 
prime  necessity,  to  be  delivered  before  any  cotton 
shall  be  exported. 

Resolved  further,  That  a  copy  of  the  above  reso- 
lution be  trangmitted  by  the  Secretary  of  State  to 
each  of  our  Representatives,  at  present  in  the  Pro- 
visional Congress,  and  also  to  each  of  our  Senators 
and  Representatives  elect  to  the  Permanent  Co»- 
gres^  of  the  Confederate  States. 

Approved  January  29,  1862. 


CHAPTER  CLXXVI. 

RESOLUTION  outhoriiing  the  GoTtrnor  to   um  eerttia 
mooejs. 

Resolved  by  the  Senate  (the  House  concurring), 
That  the  money  received  from  the  Confederate 
States  or  may  hereafter  be  received  in  payment  foi*^ 
funds  advanced  by  the  State  of  Mississippi  in  fur-j 
nishing  arms  and  equipments  of  soldiers  in  the 
Confederate  service,  may  be  used  by  the  Governor 
in  purciiasing  arms  and  munitions  of  war  for  the 
defense  of  this  State  or  of  the  Confederate  States, 
or  for  securing  the  issue  of  the  Treasury  notes  to 
be  advanced  upon  cotton,  provided  that  the  Got*^ 
ernor  should  not  be  able   to  procure  a  suflBcieo^^ 


M.W8  OF  MlfiSiaBIPPI,  Sflt 

amount  under  the  proyiBionB  of  an  act  passed  at 
the  present  session  to  pay  the  Confederate  tax  of 
this  State. 
Approved,  January  28,  1862. 


CHAPTER  CLXXVn. 

RESOLUTION    relating    to    claims  agaiust  the   LunatM 
*  Asylum. 

Resolved  (the  Senate  concurring)  That  the  Audi- 
tor of  Public  Accounts  be  and  he  is  hereby  auth- 
orized to  isBue  hie  warrant  or  warrants  on  th« 
Treasury,  in  favor  of  all  claims  held  by  any  per- 
son or  persons  against  the  Lunatic  Asylum,  which 
shall  be  certified  to  be  correct  and  allowed  by  th« 
TrnstooR  of  the  Lunatic  Asylum^  and  shall  be  paid 
out  of  the  fund  already  appropriated  for  the  use  of 
said  Asylum. 

Approved,  January  29,  1862. 


CHAPTER  CLXXYIIL 

AN  ACT  for  the  relief  of  Edwin   J.  Coleman,  a  minor  of 
Bolivar  county  Miseissippi,  aod  for  other  purposes. 

Section  1.  Be  it  enacted  by  the  Ijegialature  of  thi 
State  of  Missistnppi,  That  the  civil  disabilitieg 
of  Edwin  J.  Coleman,  a  minor  of  Bolivar  county, 
Mij*sis8ippi,  be,  and  the  wime  are  hereby  so  far 
removed,  as  to  authorize  him  to  qualify  and  act  as 
the  Administrator  of  the  rights,  credits,  goods  and 
chattels  of  his  father.  William  Coleman,  deceased, 
late  of  said  county,  and  he  is  hereby  empowered 
when  duly  apj>ointcd  and  qualified  as  such  Ad- 
ministrator, to  discharge  all  the  duties  of  said 
office  ae  if  he  wer«  of  full  age, — and  subject  to  all 
the  liabilities  incident  thereto. 

Sec.  2.  Be  it  Jurther  evavfed,  That  the  Pro- 
bate Court  of  said  county  in  its  discretion,  is  here- 
by authorized  to  appoint  said  Edwin  J.  Coleman, 


220  'liAATS    OF    MIRSISSimM. 

administrator  of  said  dcccdeni  ut'deV  tnc^Vclff!^y 
tions  now  provided  by  law  for   the  appointment  bf 
Administrators.  •.      <    ('   ,  ■.• 

Sec.  3.   Be  it   further' encCtted,  Tliat  this  act  be 
in  force  from  and  after  its  passage. 

Approved,  January  25,  1862. 


cHAPTEg,;(:!t.,xxix. 


oiTUJO&aa 


RESOLUTION  in  relation  to  the  Women  of  the  State,  of 
Mississippi  and  the  Confederate  States.         t  ., 

iidsotvcd  hy  the  Legishturei  I'lifit  t^'e  worh'cn'  of . 
the  State  of  Mississippi   and' of  tlio    Confederate.. 
States,  for  their  exertions  in  behajf  of  the  cause  of 
Southern  Independence,  are  entitled  to  the  hearty 
thanks  of  every  lover  of  his  country,  and  this  Lc-' 
gi^lature  acting  from  a  sense  of  justice  land  of  grat- 
itude,  in  the   name   of  the  State   of  Mississippi, 
hereby  extend  to  thorn  individually  and  collectively 
the  sincere  thanks  of  the  peo[)lo  of  this  State,  for 
their  noble  efforts  in  aiding  the  caasc  of  our  com- 
mon country. 
^Approved,  January  28,  1862. 


RESOLUTION;  in  relation  to   the   twelve  months  Volun- 
;  tcers  now  in  service. 

It: 

Highly  appreciating  the  important  and  valuable 
ficrvices  rendered-  to  the  great  cause  in  which  we 
are  engaged,  by  the  brave  volunt-ccrs  of  our  State, 

Be  it  Resolved  by  the  legislature  of  the  State  of 
Mississippi,  That  we  tender  our  warmest  thanks  to 
all  our  men,  as  well  our  soldiers  as  our  of^cera,  and 
assure  them  that  so  long  as  the  honor  of  our  coun- 
try in  in  their  keeping,  we  feel  that  it  is  safe. 

Be  it  further  resolved,  That  feeling  the  vast  _  iiti- 
portance  of  retaining  an  organized  and  disciplined 
force  in  the  face  of  the  enemy,  we  do  most  earnest- 


^.jj^w^  OF.  i^i^s^ssippi  ,  221 

ly  i^pcouimcud  to.  our  twelve  months  volunteers 
.again; to  t<yidor  their  noble  services  to  tlic  cause  of 
our  country,  and  thcrel\v  to  secure  the  triumph  of 
our  arms. 

Approved,  danuary  2'.>,  IS02. 


CHAPTER  CLXXXI. 

AN  ACT  for  the  benefit  of  Janaes  McAmis. 

Section'  1.  Be  it  enadalhy  the  Legislature  of 
the  State  of  Mississippi,  That  tliesum  of  fifty-seven 
dollars  ami  (*i<rlity  cents  be  and  the"  same  is  hereby 
appropriated  to  James  McAmis  on  account  of  army 
liospital  at  Corinth,  Mississippi,  and  tliat  the  Au- 
ditor of  Puldic  Accounts  is  hereby  authorized  to 
issue  his  warrant  for  the  same,  payable  out  of  tlio 
Military  Fund  or  any  other  money  in  the  treasury 
not  otherwise  appropriated,  and  that  this  act  take 
effect  and  be  in  force  from  and  after  its  passag-c. 
['  'Approved,  January  25,  1802. 


CHAPTER  CLXXXIT. 

MEMORIAL  of  the  Legislature  of  the   State  of  Mississippi 
to  the  Congress  of  the  Confederate  States.      '  •  • 

'sS.^Ycnir  momorialisfs  desire  to  direct  the  attention 
of  Conjrress  to  the  laws  in  relation  to  the  pay  of 
the  army  of  the  Confederate  States.  The  disparity 
now  existing  between  the  pay  of  privates  and  that 
of  ofiicers,  meets,  as  we  believe  with  j^ene'ral  disap- 
])robation,  and  is,  as  your  memorialists  conceive, 
tar  i;:rcater  than  sound  ])oHcy  recjuires,  or  public 
)ustice  i)ermits.  AVe  simply  desire  to  bring  the 
subject  in.  connection  with  the  opinion  of  this  Le- 

"  'gisldfur(5,  to' 'the  attention  of  Congres.s,  and  to 
leave  to  its  wisdom  and  patriotism,  such  legislation 

,  as  uvay  correct  the  wrongs  and  evils  now  deemed 
to  exist  in   the  pecuniary  compensation  of  our  sol- 

.  r  dicu'  ,.midi'r  the  present  organization  of  the  army. 


Should  Conjp'W<«  in  ita  jndgTn(>nt,  think  it  anwif^  to 
titer  or  reduce  the  pay  now  given  to  the  oflScera  in 
the  Confederate  army,  then  yonr  mcmorialiBt' 
would  most  rot*pectfully  a^k  Congress  to  increa«) 
the  pay  of  privates  in  the  Confederate  army  to 
fifteen  or  twenty  dollars  per  month. 

Resolved,  That  the  Governor  bo  instructed  to 
fiimish  a  copy  of  thif<  memorial  to  our  penaton* 
and  representatives  in  Congre??. 

Approved,  January  29,  1862. 


CHAPTER  CLXXXIII. 

AN  ACT  for  the  relief  of  Miles  H.  McG«hee. 

Section  1.  Be  it  enacted  hj  the.  Legislature  of  the 
State  of  Mississippi,  Tliat  there  be  refund(Kl  to 
Miles  H.  McGeheo  the  sura  of  eighty  dollars,  being 
the  amount  paid  by  him  to  the  State  on  the  23d  of 
April,  1853.  for  the  purchase  of  lots  35,  36,  37  and 
S8,  in  Bcction  one,  (1,)  township  twenty-four.  (24.) 
range  seven,  (7.)  west,  sold  to  said  McGehec  as 
"swamp  land,"  but  which  land  was  held  by  the 
State  38  '"Chickasaw  pchool  lands,"  and  as  such 
was  sold  by  the  State  to  James  T.  Rucks,  from 
whom  said  McGchee.  in  order  to  perfect  hir»  title, 
afterwards  purchased. 

Sec.  '1.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approve<l,  January  25,  18()2. 


CHAPTP]R   CLXXXIV. 

AN  ACT  to  provide  compensation  to  Mrs.  Lucy  A.  Burt 
for  extra  services  performed  by  the  late  E.  R.  Burt,  du- 
ring his  oflScial  term  as  Auditor. 

Whereas,  the  late  Convention  of  the  State  of 
Mississippi,  iu  an  ordinance  passed  by  them  entitled 
"an  ordinance  to  raise  means  for  the  defence  Of  the 


State,^  aathorized  th«  issu&nce  of  one  million  dol- 
lars troasary  notes,  referring  the  matter  of  com- 
pensation to  the  departments  of  State  foe  labor 
performed  by  them  in  the  issuance  and  negotiation 
of  said  notee,  to  be  fired  hj  the  legislature,  not  to 
exceed  the  Bum  of  twenty-five  hundred  dollars,  and 
wJiereas  the  late  E.  R.  Burt  did  during  hia  official 
term,  as  Auditor,  perform  the  labor  devolved  upon 
tlie  Auditor,  by  said  ordinance  in  issuing  four 
hundred  and  five  thouuand  five  hundred  and  ten 
dollars  of  said  notcs^,  therefore, 

Section  1.  Be  it  enacted  by  tJie  JLegislaivre  of 
the  State  of  Miafiissippi,  That  the  Auditor  of  Pub- 
lic Accounts  be  and  he  is  hereby  required  to  issue 
his  warrant  on  the  Treasurer,  in  favor  of  Mrs. 
Lucy  A.  Burt,  relict  of  E.  R.  Burt,  for  the  sum  of 
one  thousand  dollars,  to  be  paid  out  of  any  money 
in  the  treaf'ury  not  otherwise  appropriated. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  from  and  after  ita  passage. 

Approved,  January  25,  1862. 


CHAPTER  CLXXXV 

A^  ACT  for  the  relief  of  John  White  of  Chickasaw  County. 

Bection  1.  Be  it  enacted  hy  the,  Legislature  of 
the  State  of  Missisfiippi,  That  the  Board  of  Police 
of  the  County  of  Chickasaw  are  hereby  authorized 
to  reduce  the  assessed  value  of  lots  No.  20,  21  and 
22,  on  the  north  side  of  Main  street,  in  the  town  of 
Okalona,  owned  by  John  White,  to  it^  true  taxable 
ralue,  on  account  of  the  destruction  of  the  im- 
provcmcnta  thereon  by  firo.  and  that  the  value  so 
'fixed  by  the  Board  of  Police,  shall  be  certified  by 
the  Clerk  of  said  Board  to  the  Collector  and  Au- 
ditor of  Public  Accounts,  who  shall  be  governed 
thereby  in  the  collection  of  taxes  on  said  property, 
and  that  this  act  shall  take  o'^^-t  and  be  in  force  " 
from  and  after  its  passage. 

Approved  January  25,  1862. 


^^4  I^WS  OF  mssis&WKiy 

CHAPTER  .CL^XXVI. 

AN  ACT  to  amend  an  act  entitled  an  act  to  suspend  the 
collection  of  the  ten  cent  Levee  Tax  ii^  certain  counties. 

.  >     Section  1 .  Be  it  enacted  by  the  Legid.U ure  of  the 
\ instate  of  Mississipjji,   That  all  persons   receiving 
the  benefit  of  the  provisions  of  this   act  to  which 
this  is  amendatory  shall  ,be  liable   and  are   hereby 
Interest  declared  to  be  bound  to  pay  interest  at  tlie'rate'of 
paid.  eight  ])er  cent,  per  annum  on  the  amount  of  his,  her 

or  their  levee  tax,  the  collection  of  which  "was  sus- 
pended under  the  operation  of  said  original  act 
from  and  after,  the  first  day  of  April  in  each  year 
in  which  the  same  was  heretofore  assessed,  and 
became  due  and  payable,  to  be  collected  with  the 
principal  of  said  levee  taxes  at  the  expiration  of 
the  term  during  which  the  collection  of,  the'^same 
is  suspended  by  the  said.ax5t'^to.^i^ljii^li  Ithis  ig  an 
amendment. 

Sec.  2.  Be  it  further  enacted,  That  the  Board 
of  Levee  Commissioners   organized  under  the  ori- 
Salaries  of  gj^al  act  of  December  2d,  1858,  shall  be  restricted 
'^   '^^'      as  follows,  in  fixing   the  salaries  of  the  officers  of 
said  Board  and  of  the  Engineers  acting  under  their 
authority,  viz  :    The  salary  of  the  Chief  Engineer 
shall  not  exceed  the  sum  of  two  thousand   dollars 
per   annum,   and  the  pay   of  assistant  Engineers 
shall  not  exceed  the  rate   of  one  .hundred  dollars 
per  month,  and   they   shall   receive   compensation 
only  for  the  time  during  which  they   are   actually 
employed.     The  offices  of  secretary  ai^l  treiisurer 
shall  bel)lended,  and  shall  Ijc* filled  liy  one  aiidthe 
same  person  who  shall  receive  for  his  |  services  not 
exeeedidg  fifteen  lumdred  dollars  jicr  annum.     The 
Commissioners  shall  elect  one  of  their  own  njiiul^er 
to  act  as  President  of  the  Board,  which.  Cdminis- 
sioner-so  elected  shall  continue  to  represent  in  the 
Board  of  Levee   Commissioners  the  coi^ntv  which 
may  have  elected  him  to  the  said  Board,  anything 
in  the  act  of  which  this  is  amendatory  to/the  con- 
trary notwithstanding,  and  the  said  President  shall 
receive  the  com)iensatron  now  allowei^  to  a  Com- 
missioner of  the  Board  and  nothing  more.  , 
Sec.  3.  Be  it  fitrthcr  enactid,  Thiit  all'moneys 


LAWS  OF  MISSISSIPPI.  2ft^ 

hereafter  received  or  collected  under  or  by  virtue 
of  the  provisions  of  the  twenty-first  section  of  an 
act  entitled  "'an  act  to  aid  in  repairing  and  perfect- 
ing the  levee  of  the  Mississippi  River  in  the  coun- 
ties of  DeSoto,  Tunica,  Coahoma,  Bolivar,  Wash-  Mesfry, 
iugton  and  Issaquena,  approved  December  2,  1858,  h  o  v'mv' 
shall  be  exclusively  appropriated  by  the  Board  propriaUd. 
of  Police  of  llie  several  counties  in.,  which  it  is 
collected,  to  constructing,  building  or  repairing 
the  levee  laid  off  and  approved  by  or  under  the 
order  of  the  Board  of  Levee  Commissioners,  crea- 
ted by  the  act  in  whicli  ?aid  twenty-first  section  i*i 
contained,  and  is  part  of  and  shall  be  used  for  no 
other  purpose,  or  in  the  construction,  building  or 
repairing  no  other  levee  wliatevcr,  any  provision  of 
the  twenty  fii*st  section  to  the  contrary  notwith- 
standing. 

Sec.  4.  £c  itfwiihcr  enacted,  That  all  acts  and 
parts  of  actvS  in  conflict  with  the  provisions  of  this 
act  be  and  the  same  are  hereby  repealed,  and  that 
this  act  shall  take  effect  and  be  in  force  from  and 
after   its  passage. 

Approved,  January  2/),  1862. 


CHAPTER  CLXXXVIL 

.TOINT  RESOLUTION.. 


Resolved  by  the  LegiskUure  of  the  Slate  o/"  Mis- 
sissippi, That  the  Governor  be  requested  forthwith 
to  order  the  disbanding  of  the  sixty  day  troops  of 
the  State,  now  at  liowling  Green  and  Union  City, 

The  Brigade  under  command  of  Gen.  Davis  to 
be  disbanded  at  Corinth,  and  the  Brigade  under 
Gen.  Alcorn  at  Holly  Springs,  and  that  the  Quar- 
ter-master give  each  volunteer  free  transportation 
to  his  home  from  the  place  of  his  discharge. 

Approved,  January  17,  1862. 
■    -24 


LAWS  OP  MISSISSIPPI. 

CHAPTER  CLXXXVIII. 

AN  ACT   to  legalize  nnd  confirm  the  sale  of  certain  lands 
in  Neshoba  County. 

Section  1.  Be  it  enacted  by  the  Lpgislatvrf  of 
the  State  of  Mississippi^  That  tlio  b'ale  of  the  south- 
west quarter  of  the  north-east  quarter  of  section 
twenty-eight,  township  eleven,  range  thirteen  east, 
being  in  Neshoba  county,  made  by  virtue  of  the 
Probate  Court  of  said  county,  be  and  the  same  is 
hereby  ratified  and  confirmed. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  January  25,  1862. 


CHAPTER  CLXXXIX. 


RESOLUTION  authorizing  the  State  Librarian  to  purchase 
certain  books. 


Section  1.  Be  it  resolved  by  the  Legislature  of 
tJie  State  of  Mississippi,  That  the  State  Librarian 
be  authorized  to  purchase  for  the  use  of  the  State 
Library  one  copy  of  a  work  entitled  "Trotter  on 
Slavery  "  and  written  by  Gen.  W.  B.  Trotter  of 
this  State,  the  cost  of  said  work  not  to  exceed  one 
dollar,  and  to  be  paid  out  of  the  fund  appropriated 
to  purchasing  books  for  the  State  Library  ;  also, 
one  copy  ot  Physical  and  Moral  Aspects  of  Geolo- 
gy, by  W.  J  Barbee,  of  Mississippi. 

Approved,  January  29,  1862. 


LAWS  OP  MISSISSIPPI.  227 

CHAPTER  CXC. 

AN  ACT  to  procure  .igricultural  and  mechanical  statistics 
and  to  excite  a  spirit  tor  agricultural  progress  throughout 
the  State. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mis'^issippi,  That  it  shall  be  the  duty  of  tha 
Secretary  of  State,  after  a  blank  form,  or  copy  of 
blank  embracing  the  interrogatories  in  second 
section  of  this  act  shall  be  furnished  him  by  the  -  .*°  j 
President  of  the  Agricultural  Bureau,  to  have  said  j^  asses- 
blanks  printed  and  a  number  corresponding  to  sors. 
number  of  persons  liable  lo  assessment  in  each 
county  annually  hereafter  forwarded  to  the  Asses- 
sor of  each  county,  with  the  request  that  he  hand 
one  to  each  person  assessed  who  in  turn  will 
request  that  the  blanks  be  filled  and  returned  to 
him  as  suon  as  practicable.  The  Assessors  are  re- 
quested to  return  all  that  are  returned  to  them  by 
*the  first  of  October  of  each  year  to  the  Secretary 
of  State,  who  shall,  without  delay,  transmit  them 
to  the  President  of  said  Agricultural  Bureau. 

Sec.  2.  Be  it  further  enacted,  That  the  interrog- 
atories to  be  propounded  and  answered  are  aa 
follows  :  Number  of  acres  planted  in  cotton, 
number  of  iDales,  with  average  \reight  produced, 
kind  of  land  planted,  manure  used  ;  number  of 
acres  planted  in  corn,  number  of  bushels  gathered, 
manure  used  ;  number  of  acres  planted  in  wheat,  int«rrog> 
number  of  bushels  raised  ;  number  planted  in  rye,  a  tories 
number  ])lanted  in  oats,  the  yield  of  each  number  to  ^  wi- 
of  acres  planted  in  grass  ;  kinds  best  for  land  and  sweied. 
climate  ;  best  for  grazing  ;  best  for  hay  ;  number  of 
acres  in  sweet  potatoes,  the  yield  ;  in  Irish  pota- 
toes, the  yield  ;  turnips,  probable  yield ;  number  of 
horses,  number  bouglit  ;  number  of  mules,  number 
bouglit ,  treatment ;  number  of  cattle,  number  sold; 
number  of  pounds  of  butter  sold,  price  ;  number  of 
sheep,  number  sold  ;  number  of  pounds  of  wool 
clipped;  number  killed  by  dogs,  breed  ;  number  of 
hogs  ;  number  of  pounds  of  pork,  hams  and  ba^on 
put  up ;  amount  sold  ;  system  of  feeding,  best 
breed  ;  number  of  acres  in  vineyard  ;  kind  of 
grape  best  for  climate  and  wine  ;  number  of  gal- 


2M  LAfm  •¥  Mjjsesssipn. 

Ions  of  wine  ;  kind  fruits  grown,  best  for  climate ; 
amount  of  leather  tanned  ;  number  of  yards  of 
cloth,  woolen  and  cotton  made  ;  number  of  farm 
implements  ;  what  invented  in  the  different  branch- 
es of  mechanics,  number  manufactured. 

Sec.  3.  Be  it  further  enacted,  That  this^act  be 
in  force  from  and  after  its  passage. 

Approved,  January  25, 1862. 


CHAPTER  CXCI. 

AN  ACT  to  proTide  for  the  defence  of  the  country. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the 
State  of  ATississippi,  That  the  Governor  of  this 
State  be  and  he  is  hereby  requested  to   issue  his 
proclamation  immediately,  calling  for  ten  thousand 
Ten  thou-  "volunteers  lor  the  defense  of  the  country,  to  ren- 
I   a  n  d  dezvous   at   such  time  and  at  such   places,  and  in 
troops  such  numbers  as  he  may  designate,  within  the  limits 
«JIed  out.  of  this  State,  Provided,  however,  that  such  volun- 
teers shall  only  bo  required  to  rendezvous  as  fast 
as  provision  has  been  or  shall  be  made  for  their 
Hupport,  and  for  tonts  and  camp  equipage. 
Sec.  2.  Be  it  further  enacted,  That  said  volun- 
Term  of  ^^^^^  shall  be  enlisted   in  the  military  service  of 
MTTice.      ^^^^  State  for  the  term  of  twelve  months  from  the 
date  of  their  said  enlistment,  with  the  right  on  the 
part  of  the   Governor  to  transfer  said  troops  into 
the  service  of  the  Confederate  States,  for  any  tcnu 
not  exceeding  twelve  months  from  the  date  of  their 
said  enlistment,  upon  any  call  for   said  troops*^y 
the  President  of  the  Coufecjerate  States. 

Sec.  3.  Be  it  further  enacted,  That  should  a  suf- 
ficient number  of  volunteers  not  be  obtained  after  a 
reasonable  time,  to  meet  the  said  call,  then,  and  in 
_^  that  event,  the  Governor  is  hereby  requested  to 
Reordered  '^^^^^  ^  draft  from  the  militia  to  complete  the  same, 
which  troops  so  obtained  by  draft,  shall  be  enrolled 
in  the  service  of  the  State  for  the  term  of  twelve 
months  from  the  date  of  their  said  enrollment,  and 
Bubject  to  transfer  to  the  service  of  the  Confederate 
States,  as  herein  provided  in  relation  to  the  volun- 


LAiTO  OP  >aa'5i8sippf,  2Cf 

teers,  Provided,  that  any  ])Or&on  po  drafted  maj 
obtain  a  substitute  in  accordance  with  the  provi- 
sions of  the  act  reducing  into  one,  the  militia  and 
volunteer  laws  of  the  State. 

Sec.  4.  Be  it  further  maclcd,  That  tlic  monthly 
pay  of  said  troops  shall  l)e   the   same  as   that  al-  **y* 
lowed  in  the  army  of  the  Confederate  States, 

Sec.  5.  Be  it  further  enacted,  That  all  money, 
or  other  funds,  that  are  now,  or  hereafter  may  be 
in  the  treasury,  and  not  otherwise  specially  appro- 
priated, arc  hereby  appropriated  to  the  organiza- 
tion, equipment,  support  and  payment  of  the  said 
troops,  and  shall  be  paid  out  upon  the  order  of  the 
Governor,  drawn  upon  the  Auditor,  who  shall 
draw  his  warrant  upon  the  Treasurer  for  the  same. 

Sec.  6.  Be  it  further  enaaiecl,  That  all  money 
or  other  funds  that  may  hereafter  be  obtained  from 
the  Confederate  States  in  discharge  of  the  indebt- 
edne-ss  due  by  said  States  to  the  State   of  Missis- 
sippi,  not  otherwise   specially   appropriated,  are  Appropri- 
hereby  appropriated  to  military  purposes  generally,  ation. 
and   as   far   as  may  be  deemed   necessary,  in   the 
opinion  of  the  Governor,  specially  to  the  organiza-        v 
tiou.  equipment,  support  Hud  payment  of  the  troops 
herein  re<iuested  to  be  raised,  and  may  be  by  him 
applied  to  such  general   military  purposes,  as  he 
may  deem   most  essential    and    iinj)crative  in  the 
present  exigencies  of  the  State. 

Sec.  T.  Be  if  further  enacted,  That  the  troops 
raised  under  this  act  shall  be  permitted  to  elect  all 
their  own  officers;  Provided,  that  when  the  said 
troops  are  transferred  to  the  Confederate  service, 
they  shall  l)e  transferred  subject  to  the  laws  and 
regulations  of  the  Confederate  Government,  in  re- 
lation to  the  appointment  of  regimental  and  gener- 
al officers;  And  provided  further,  that  the  Govern-  Troops  for 
or  shall  and  he  is  hereby  authorized  to  call  out  ^^*"' 
said  troops  provided  for,  for  the  ])eriod  of  two 
years,  or  for  a  less  time,  as  the  public  exigencies 
may  in  the  judgement  of  the  Executive  require,  any 
thing  in  this  act  or  any  other  act  to  the  contrary, 
notwithstanding,  and  when  said  troops  shall  be 
transferred  to  the  service  of  the  Confederate  Gov- 
ernment they  shall  be  transferred  for  the  remain- 
dw  of  the  period  for  which  they  were  enlisted. 


230  LAWS   OF   MISSISSIPPI. 

Sec.  8.  Be  it  further  enacted,  That  in  calling 
out  the  force  of  ten  thousand  men,  as  provided  for 
in  this  act,  the  Governor  be  and  he  is  hereby  au- 
thorized to  adopt  such  regulations  as  he  may  deem 
necessary  and  proper  for  compelling  all  the  coun- 
ties in  this  State  to  furnish  their  due  proportion  of 
said  ten  thousand  men  in  case  a  draft  be  necessary 
to  raise  them. 

Sec.  ^.  Be  it  further  enacted,  That  the  Governor 
shall  call  out  said  ten  thousand  troops  in  such  pro- 
portion of  infantry,  cavalry  and  artillery  as  to  him 
may  seem  properi  Provided,  that  each  company 
shall  be  composed  of  sixty-four  men,  rank  and  file. 

Sec.  10.  Be  i'  further  enacted.  That  this  act  shall 
be  in  force  from  its  passage 

Approved,  January  29,  1862. 


CHAPTER  CXCII. 

JOINT  RESOLUTION. 

Be  it  resolved  by  the  Senate,  with  the  concur- 
rence of  the  House,  That  the  Governor  be  author- 
ized to  send  to  Gen.  L.  Polk,  at  Columbus,  Ky., 
the  twelve  thirty-two  pound  guns  belonging  to  tliis 
State,  now  at  Vicksburg,  as  soon  as  possible,  with 
such  carriages  and  ammunition  as  he  may  be  able 
to  command. 

Approved,  January  25,  1862. 


CHAPTER  CXCm. 

AN  ACT  in  relation  to  taxes  on  the  property  of  alien  enemies 
liable  to  sequestration. 

Whereas,  the  Congress  of  the  Confederate 
States  passed  an  act,  approved  December  23d  1861, 
entitled  an  act  in  relation  to  taxes  on  property 
which  has  been  or  which  is  liable  to  be  sequester- 
ed as  the  property  of  alien  enemies,  whereby  among: 


LAWS   OF  MISSISSIPPI.  231 

other  things,  the  Secretary  of  the  Treasury  is  au- 
thorized to  make  agreements  with  the  several 
States,  counties,  cities  and  towns,  for  the  postpone- 
ment, of  the  collection  of  taxes  for  which  the  pro- 
perty of  alien  enemies,  sequestered  are  liable  to  be, 
and  in  case  any  one  or  more  of  the  States,  counties, 
cities  or  towns,  consent  to  the  same,  to  issue  cer- 
tificates for  the  amount  due,  bearing  interest  at 
the  rate  of  six  per  cent,  per  annum,  and  whereby 
tiie  said  Secretary,  whenever  the  property  of  an 
alien  enemy  sequestered,  or  liable  thereto,  has 
been  or  shall  be  sold  for  taxes,if: further  authorized 
with  the  assent  of  the  State  in  which  the  property 
has  bcin  sold,  to  redeem  the  same,  by  the  payment 
of  the  sum  or  sums  required  to  be  paid  by  citizens 
in  such  case,  or  by  the  issue  of  certificate  therefor, 
as  therein  provided  ;  therefore, 

Srction    1.    Be    it    enacted  by     the    Legis- 
lature of  the  State   of  Mississippi,  That  the  Gov- 
ernor be  and  he  is   hereby   authorized,  to   make 
agreements  with  the  Secretary  of  the  Treasury  of 
the  C'  nfederate  States  of  America,  for   the  post-   Coil«<i« 
poneraentof  the   collection  of   taxes,    except   the  o      ^amb 
military  fund  tax,  duo  or  to   become   duo   to    the  postp«»»Ml 
State,  for  which    the  property  of  alien   enemies 
sequestered,  or  liable  to  be  sequestered,   may    be 
liable,  and  to  receive  in  payment  of  such   taxes, 
certificates  for  the  amount  due,  bearing  interest  at 
the  rate  of  six  per  cent  [)er  annum,  to  be  issued  by 
the  said  Secretary,  and  whicii  shall  bind  the   Gov- 
ernment of  the    Confederate   States   to   pay  the 
same ;  and  that  such   certificates,   when   received 
shall  be  paid  into  the  Treasury  of  the  State,  in  the 
same  manner  as  money  received  by  the  Auditor  in    Certifit^li 
payment  of  taxes  ;  and  the  Treasurer  may  pay  out  ">*^      *> 
the  said  certificates,  as  other  money  in  the  Treasu-  "<>°*>' 
ry  is  disbursed  by  law. 

Sec.  2.  Be  it  further  enacted,  That  the  Boards 
of  Police  of  the  several  counties,  and  the  corporate 
authorities  of  the  several  cities  and  towns  of  the 
State,  are  hereby  authorized  to  make  similar  agree- 
ments with  the  said  Secretary  of  the  Treasury,  for 
the  postponement  of  the  collection,  or  for  the  pay- 
ment of  the  taxes  due,  or  to  become  due,  to  such 
counties,  cities  or  towns  respectively,  for  which 
the  property  of  alien  enemies  is  liable. 


LAWS  OF  iiississim. 

Sec.  3.  Be  it  Jurther  enacted,  Tliat  whenever 
the  property  of  an  alien  enemy,  sequestered  or  lia- 
^^  fQ  ble  thereto,  has  been  or  shall  hereafter  be  sold  for 
taxes,  the  Secretary  of  the  Treasury  of  the  Con- 
federate States  shall  be  and  he  is  hereby  authorized 
to  redeem  the  same,  by  the  payment  of  the  sum  or 
sums  required  to  be  paid  by  citizens  in  such  case, 
or  by  the  issue  of  certificates  therefor,  as  provided 
in  the  first  section  of  tliis  act,  should  he  deem  it 
advisable. 

Sec.  4.  Br  it  farther  enncted.  That  tliis  act  shall 
take  effect  from  its  passage 

Approved,  January  29,  18G2. 


■©.tfJi     ffCt 


CHAPTER  CXCIV. 

AN  ACT  to  provide  for  the  collection  of  arms. 

Section  1 .  Be  it  enacted  hy  the  Lesrislature  of  the 
State  of  Mississippi,  That  it  is  hereby  made  the 
duty  of  the  Sheriffs  and  their  deputies  of  this  State 
1^  to  proceed  immediately  to  collect  all  guns  of  eve- 
rj  kind  (unless  those  not  worth  repair.)  as  well  as 
all  navy  or  other  pistols  suited  to  Cavalry  service, 
in  their  i-espective  counties  by  calling  upon  each 
citizen  and  demanding  the  surrender  to 
him  of  said  arms  ;  and  it  sliall  be  the  duty  of  the 
Sheriff  to  demand  ot  each  citizen  to  make  affidavit 
that  he  has  surrendered  as  aforesaid  the  arms  in 
Ills  possession — only  reserving  to  himself  the  one 
<».xempted  under  this  bill ;  and  upon  the  failure  or 
refusal  of  any  citizen,  to  make  said  affidavit  or  to 
give  up  his  arms,  as  herein  provided,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  subject  to  indict- 
ment, and  upon  conviction  shall  be  fined  in  a  sum 
not  less  than  one  liundred  dollars,  nor  more  than 
five  hundred  dollars,  and  it  shall  be  the  duty  of  the 
^  Sheriffs  and  deputies   aforesaid   to   return  to  the 

grand  juries  information  in  reference  to  any  refusal 
to  make  the  affidavit  and  surrender  of  arms  as 
aforesaid  ;  Provided,  however,  that  all  members  of 
volunteer  companies  now  formed,  as  well  as  any 
.head  of  a  family,  and  all  persons  subject  to  militia- 


guns. 


LAWS   OF   MISSISSIPPI.  SSt 

ry  duty,  shall  bo  entitled  to  retain  one  gun,  said 
gun  to  be  selected  by  them  if  they  should  own,  or 
be  in  possession  of  more  tiian  one. 

Sec.  2.  Be  tt  further  enacted.  That  said  sheriffs 
or  deputies  appointed  by  them,  shall  number  said 
guns  as  they  are  received,  keeping  a  list  thereof,.  "J^** 
and  setting  opposite  the  names  of  the  owners,  the  bered. 
number  of  said  guns,  the  same,  when  so  received 
shall  be  collected  at  the  point  most  convenient  for 
shipment  to  such  point  hereafter  mentioned,  am 
may  be  most  convenient  to  tlie  respective  counties 
of  this  State  ;  and  when  so  collected  shall  be  valu- 
ed by  tliree  competent  commissioners  to  be  ap- 
pointed by  the  Probate  Judges  of  tlie  respective 
counties  of  this  State,  and  said  commissioners  shall 
make  two  lists  of  said  valuations  setting  apposite 
the  numbers  the  valuations  thereof,  said  lists  to  be 
certified  to  by  them,  one  copy  to  be  fded  in  the 
sheriffs  office  of  the  counties  respectively :  the 
other  to  be  filed  in  the  office  of  the  Chief  of  Ord- 
nance. 

Sec.  3.  Be  it  further  enacted.  That  said  arms, 
when  so  collected  and  valued,  shall,  under  tlie  di- 
rection of  said  shorilYs  or  deputies,  be  forwarded  Wh«r« 
by  the  most  expeditious  and  convenient  route  to  ">r^a™ed 
cither  ©f  these  points,  viz  :  Vicksburg,  Natchez, 
Brookhaven,  Enterprii-e,  Jackson,  Grenada,  Holly 
Springs,  or  Aberdeen,  as  may  be  most  convenient 
to  the  counties  respectivelv. 

Sec.  4.  Be  if  further  'enactnf,  That  the  Chief 
of  Ordnance  is  hereby  required  to  appoint  a  com-  Inspector 
petent  Inspector  for  each  of  the  a.bove  points  whose  appointed, 
duty  it  slmll  be  to  receive  said  arms  so  shipped  to 
the  above  points  respectively,  and  expeditiously  to 
have  such  re})airs  made  to  said  arms  as  may  most 
effectively  fit  them  for  service,  and  upon  such  terras 
as  may  be  most  advantageous  to  the  State. 

Sec.  5.  Be.  it  further  enacted,  That  said  sheriff's 
or  deputies  be  allowed  the  sum  of  one  dollar  for       ^*f  rf 
each  and  every  gun  so  collected,  valued  and  ship-  8^fir»ff*»* 
ped,  as  before   provided  :  and  said  commissioners^™™  * " 
and  inspectors  the  sum  of  three  dollars  per  day  for 
the  time  actually  employed  in  their  duties  as  here- 
in provided, — their  accounts  to   be   approved   bj 
the  Chief  of  Ordnance   and  paid  by  the  Quarter- 
Mastcr  General. 


284  LAWS   OP   MISSISSIPPI. 

Sec.  6.     Be  it   further  enacted,  That  upon  the 
approval  of  the  lists  of  valuation  as  herein  provi- 
Bond  and  ^^^'  ^^^  sheriffs  of  the  respective  counties  of  this 
security  State,  or  in  the  absence  of  any  sheriff  now  in  raili- 
lobegiren  tary  service,  his  deputy  shall,  upon  entering  into 
bond  in  the  penalty  of  twice  the  valuations  as  re- 
turned, conditions  for  the  payment  of  the  same  to 
the  parties  to   whom  entitled,  as  by  the  certified 
lists  of  said  valuations  on  file  in  their  offices,  may 
appear,  with  two  good  and  sufficient  sureties  to  be 
approved  by  the  Governor  ;  said  sheriffs  or  depu- 
ties shall  receive  said  amounts  due   their  counties 
respectively,  and  pay  upon  demand  of  parties  enti- 
tled thereto. 

Sec.  7.  Be  it  further  enacted,  That  the  Govern- 
or immediately  issue  his  proclamation  commanding 
said  sheriffs  or  deputies,  to  immediately  enter  upon 
the  discharge  of  the  duties  prescribed  herein. 

Sec.  8.  Be  it  fM-ther  enacted,  That  this  act 
take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  January  29,  1862. 


CHAPTER   CXCV. 

AN  ACT  to  authorize  the  Mississippi  and  Tennessee  Rail 
Eoad  Company  to  construct  a  branch  road  through  the 
counties  of  Tallahatchie,  Carroll,  Holmes,  Yazoo,  and 
Madison,  and   for  other  purposes. 

Sec.  1.  Beit  enacted  by  the  Legislature  of  the 
ligation.    State   of  Mississippi,  That    the    iVIississippi  and 
Tennessee   Railroad   company  are  hereby  author- 
ized to  construct  from  the  most  convenient  point 
of  divergence  on  said  road,  a  branch  road  through 
the  counties  of  Tallahatchie,  Carroll,  Holmes,  Ya- 
zoo and  Madison.     Said  railroad  shall  be  located 
through  or  in  the  vicinity  of  Greenwood,  in  the 
county  of  Carroll,  terminating  at  Canton. 
City  of      gj,(.^  2.  Be  it  further  enacted,  That  the  mayor 
may  mh-  ^^^  aldermen  of  the  City  of  Jackson,  may  sub- 
8  0  r  i  b  e  scribe  the  sum  of  one  hundred  thousand  dollars  to 
$100,000,  the  capital  stock  of  the  Mississippi  and  Tennesseo 


LAWS   OP   MISSISSIPPI.  235 

railroad  company,  upon  the  terms  and  conditions 
agreed  upon  and  sanctioned  by  a  vote  of  the  citi- 
zens thereof,  on  the day  of ,  1860. 

Sec.  3.  Be  it  further  enacted,  That   the  Mis- 
sissippi   and    Tennessee   railroad   company  shall  -^jj^^   ^^ 
commence  the  construction  of  said  branch  road,  comm'nce 
within   four  years  from   the   passage  of  this  act, 
and  finish  it  within  seven  years  thereaitcr. 

Sec.  4.  Be  it  further  enacted,    That  said  rail-    -g.  , .   . 
road  com])any  shall  have  the  right  to  construct  construct 
such  bridges  as  they  may  deem  necessary  to  the  Bridges, 
safety  and  interest  ol'  the  pulilic  and  of  the  com- 
pany ;  the  material  may  be  of  iron  or  wood,  or 
both,  at  the  discretion  of  the  company. 

Sec.  5.  Be  it  further  enacted,  That  all  the 
rights,  privileges  and  disabiliiics  contained  in  the 
charter  of  the  Mississippi  and  Tennessee  railroad 
company,  and  the  amendments  thereto,  be  and  the  Privileges 
same  are  hereby  conlerred  upon  said  company,  for  <^o"'®"^"» 
tiie  purpose  of  constructing  the  branch  road  herein 
authorized  to  be  built  by  the  Mississippi  and  Ten- 
nessee railroad  company  :  Provided,  a  majority  of 
tiie  stockholders  of  said  company,  at  a  meeting 
called  in  accordance  with  the  charter,  adopt  this 
amendment  as  a  portion  of  the  original  charter  of 
«aid  company. 

Sec.  6.   Be  it  further  enacted,  That  this  act  shall 
take  effect  ani  be  in  force  from  its  passage. 

Approved  January  29,  1862. 


CHAPTER  CXCVI. 

AN  ACT  to  suspend  for  a  limited  time  certain  parts  of 
the  statute  of  limitations. 

Sec.  1.  Be  it  enaciedhy  the  Legislature  of  the 
State  of  Mississipjn,  That  all  acts  limiting  the 
time  for  commencing  actions  founded  on  bonds, 
promissory  notes,  bills  of  exchange,  open  accounts, 
or  other  contracts  for  the  payment  of  money;  and 
all  acts  limiting  the  continuance  of  judgment  liens, 
and  the  time  for  issuing  executions  on  judgment, 
and  all  acts  limiting  the  time  for  commencing  suita 


•230  LAWS   OF    MlSSiaSIPPI. 

to  enforce  mechanics  liens,  be  and  the  same  aro 
hereby  suspended  until  twelve  months  after  the 
close  of  the  present  war,  or  until  otherwise  pro- 
vided by  law;  and  that  this  act  shall  take  effect 
from  its  passage. 

Approved  January  20,  1862. 


CHAPTER    CXCVII. 

AN  ACT  to  ariiend  chapter  6,  section  7,  article  82  of  the 
Revised  Code,  in  relation  to  compensation  for  printing 
bills,  resolutions,  &c. 

Section  1.  Be  it  enacted  by  the  Legislature  of 
the  Stat''  of  Mississippi,  That  chapter  6,  section  7, 
article  82  of  the  Revised  Code,  be  amended  so  as 
to  read  as  follows  :  '"  for  two  hundred  copies  of 
bills,  resolutions  and  memorials,  the  sum  of  three 
dollars  and  fifty  cents  per  page  for  the  number  of 
pages  in  one  copy  thereof." 

Sec.  2.  Be  it  farther  enacted,  That  this  act  take 
effect  from  its  passage. 

Approved  January  29,  1862. 


CHAPTER  CXCVm. 

AN  ACT  to  refund  certain  moneys. 

Whereas,  J.  J.  Pettus,  Governor  of  this  State, 
did  on  the  9th  of  January  last  (1861)  order  the 
Columbus  Rifles  and  Southrons  to  repair  imme- 
diately to  Enterprize,  Mississippi,  and  called  upon 
the  friends  of  Mississippi  to  aid  them,  with  the 
means  of  moving,  promising  to  settle  the  amount 
with  them  :  And  whereas,  a  portion  of  the  citizens 
of  Lowndes  county,  Mississippi,  did  on  the  10th 
day  of  said  month,  contribute  four  thousand  six 
hundred  and  sixty-one  28-100  dollars  ($4661  28) 
which  was  used  in  the  outfit,  equipment  and  re- 
moval of  said  companies  :     Therefore, 

Section  1.  Be  it  enacted  by  the  Legislature  of 
the  State  of  Mississippi,  That  the  auditor  of  public 


LAWi   Of   MTBSrSBtPPl.  35T 

accounts  bo  hereby  authorized  and  required  to 
issue  his  warrant  upon  the  treasury  for  said  amount 
of  four  thousand  six  hundred  and  sixty-one  28-100 
dollars  ($4661  28)  in  favor  of  J.  M.  Billui>s, 
Henry  B.  Whitfield,  Jame^  W.  Sykes,  E.  B.  Fort, 
and  James  Blair,  committee  for  the  benefit  of  the 
contributors,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated,  and  the  Governor  shall 
require  of  the  captain  of  the  said  company  an  ac- 
count of  the  expenditure  of  tiie  said  sums  of  money, 
and  if  there  shall  remain  in  the  hands  of  said  cap- 
tain any  balance  after  deducting  such  sums  as  have 
been  lawfully  expended  for  the  equipment,  sub- 
sistence and  transportation  of  his  company  to  the 
place  of  rendezvoiL'«,  it  shall  be  the  duty  of  the 
said  captain  to  refund  the  same  to  the  State  treas- 
ury. 

Sec.  2.  Be  it  further  enacted,  That  this  act 
take  cftect  and  be  in  force  from  and  after  it?f 
passage. 

Approved  January  21),  1862. 


#■■ 


CHAPTER  CXOIX. 

AN  ACT  for  the  relief  of  L.  D.  Rhodes,  Sheriff  of  Rankin 
County. 

Sec.  1.  Be  it  cnnctcd  hy  the  Lcgidalvre  of  tht 
State  of  Mississippi,  That  the  auditor  of  public 
accounts  is  hereby  authorized  and  required  to  issuo 
his  warrant  on  the  State  treasury  in  favor  of  L.D. 
Rhodes,  sheriff  of  Rankin  county,  for  the  amount 
of  fifty  dollars,  the  amount  paid  out  by  him  for 
tlic  recapture  of  a  prisoner  escaping  from  the  jail 
of  Rankin  county,  who  is  now  in  the  penitentiary. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  January  20,  1862. 


238  liAWS  OP   MISSISSIPPI. 

CHzVPTER  CC. 

AN  ACT  to  authorize  C.  F.  Hamer  to  manumit  his  ser- 
vant, David  Woold ridge. 

Whereas,  Capt.  C.  F.  Hamor  has.  on  account 
of  the  fidelity  of  his  slave,  David  Wooldridge,  as 
well  as  his  gallantry  in  Uie  battle  of  the  21st  of 
July,  petitiored  the  legislature  to  permit  him  to 
emancipate  said  slave,  and  that  he  may  be  pe^mi^ 
ted  to  remain  in  the  State  :  therefore, 

Sec.  1.  Be  it  enacted  hj  the  Legislature  of  the 
State  of  Mississ'ijypi,  That  (^)harles  F.  Hamer  be 
and  he  is  hereby  empowered  by  deed  or  last  will 
and  testament  to  emancipate  lii:^  slave,  known  as 
David  Wooldridge,  and  the  said  slave  during  good 
behavior,  shall  have  tlie  privilege  of  remaining 
within  the  State. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  January  29,  1862. 


CHAPTER  CCI. 

AN  ACT  to  amend  an  act  entitled  an  act  to  authorize  Rail- 
road Companies  in  this  Slate  to  issue  notes  to  be  circulated 
as  money,  approved  December  20th,  1861,  and  the  sup- 
plement thereto,  approved  January  22,  1862. 

Section.  1 .  Be  it  enacted  by  the  Legislature  of 
the  State  of  Mississippi,  That  all  the  rights  and 
privileges  granted  in  the  above  recited  acts  to  the 
various  railroad  companies  in  this  State  to  issue 
notes  as  money  for  circulation,  be  and  the  same 
are  hercV>y  extended  to  the  New  Orleans,  Jackson 
and  Great  Northern  Railroad  Company  as  fully  as 
though  said  company  was  included  in  said  original 
and  su)>plemental  acts. 

Sec.  2.  Be  it  further  enacted,  Tliat  the  New 
Orleans,  Jackson  and  Great  Northern  Railroad 
Company  may  and  they  are  hereby  authoiized  to 
issue  notes  for  circulation,  to  the  amount  of  three 
hundred  thousand  dollars,  redeemable  at  their  of- 


LAWS   OP  MlbriiiWIPPI  22ft 

lices  in  Canton  and  New  Orleans,  subject  to  all  the 
pains,  penalties,  rights,  privileges  and  conditions 
as  prescribed  in  said  act  and  the  supplement  thereto, 

Sec.  :3.  Be  it  further  emxcted,  That  tills  act  shall 
not  take  effect  until  ratified  b}'  the  stockholders  of 
said  company,  and  as  prescribed  by  the  supple- 
mental act  to  whicii  this  is  an  amendment. 

Skc.  4.  That  this  act  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved,  January  28,  1862. 


CHAPTER  ecu. 

AN  ACT  for  the  relief  of  Amos  P.  Eraos,  oT  VVaj  ne 
Count}'. 

Section  \.  Beit  enacted  by  tJie  Legislature  of  live 
State  of  Mississippi,  That  upon  the  payment  of 
all  cost  by  the  defendant,  the  Clerk  of  the  Cir- 
cuit Court  of  Wayne  County  be  and  he  is  hereby 
authorized  and  required  to  dismiss  the  prosecution 
now  pending  in  said  Court  in  the  name  of  the 
State  of  Mississippi  against  Amos  P.  Evans,  upon 
a  charge  of  bigamy,  and  that  tliis  act  take  effect 
from  and  aft(  r  its  passage. 

Appr-n-od,  January  27,  1862. 


CHAPTER  CCm. 

AN  ACT  to  amend  the  sixty-second  chapter  of  the  Revised 
Code,  entitled  '"an  act  in  relation  to  Chancery  Courts,"  and 
for  other  purposes. 

Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  as  follows,  to-wit : 

Section  1.  Tliat  so  much  of  the  fifteenth  article 
of  the  sixty-second  chapter  of  tlie  Revised  Code, 
entitled  an  act  in  relation  to  Chancery  Courts,  as 
requires  the  proofs  or  dejiositions  taken  or  filed  by 
cither  party,  to  be  recorded,  be  and  the  same  \b 
hereby  repealed. 


$|#  LAWS  OP  inssissrppi. 

Sec.  2.  Tliat  so  much  of  the  twcutj-sixth  article 
of  the  same  chapter  as  requires  proofs  to  be  made 
returnable  on  a  day  ten  days  after  the  time  ot  is- 
suance thereof,  and  to  be  executed  ten  days  before 
the  return  day,  be  and  the  same  is  hereby  repealed, 
and  that  hereafter  such  process  shall  be  issued  and 
executed  five  days  before  the  return  day  thereof. 

Approred,  January  27,  1862. 


CHAPTER  GOV. 
AN  ACT  fbr  the  relief  of  Thomaa  E.  Lewis. 

Section  1.  Be  it  enacted  by  the  Lefrislature  of  the 
State  of  Mississipjn,  Th?.t  Thomas  E.  Lewis  of  the 
County  of  Copiah,  be  and  he  is  hereby  relieved  of 
the  civil  disabilities  of  minority,  and  that  he  be 
and  is  hereby  declared  competent  to  contract  and 
be  contracted  with,  to  sue  and  bo  sued,  in  the  same 
manner  and  with  the  binding  effect,  as  if  he  were 
of  the  age  of  twenty-one  years,  and  that  this  act 
shall  take  effect  from  its  passage. 

Approved  January  27,  1862. 


CHAPTER  CCIV. 

V 

AN  ACT  to  authorize  a  tax  to  be  levied  on  gates  erected  on 
public  roads  in  the  Counties  Oi  Bolivar,  Washington_and 
Issaquena  and  other  Counties. 

Section  1.  Be  it  enacted  by  the  L'-gislature  of  the 
State  of  3Iiss{.s»ippi,  That  the  Board  of  Police  of 
the  Counties  of  Bolivar,  Washington  and  Issaque- 
na, and  Sunflower,  Warren  and  Yazoo  are  author- 
ized to  charge  and  tax  any  perse n  who  shall  be 
allowed  by  said  Board  to  e^-oct  a  gate  or  gates 
across  public  highways  in  said  counties,  a  sum  not 
less  than  five  dollars  and  not  more  ^han  fifty  dol- 
lars for  each  gate,  for  every  vear  during  which  the 
privilege  of  keeping  up  such  >'•>"  'c  '  .To  continued, 
and  that  this  act  shall  take  effect  ^^  v^in  its  passage. 

Approved  January  25.  1862. 


LAWS   OF   MISSISSIPPI.  241i 

CHAPTER  CCVI. 

AN  ACT  to  provide   for  leveeing  Township  fourteen,   ot 
range  one  east,  in  the  County  of  Warren. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the   .^, 
State  of  3fississippi,  as  follows,  to-wit  :— That  it  ^ge  ?"  J^ 
shall   be  the  duty  of  each  and   every   proprietor  construct- 
of  land   situated   in  township  fourteen,  of  range  ed. 
one  east,  in  the  County  of  Warren,  to  construct, 
finish  and  have  in   good  repair  on  or   before  the 
first  day  of  ^larch,  18G3,  and  thereafter,  to  keep 
in    good  repair,   a  good,   secure   and    well   built 
levee  along   the  front  of  his  own  land,  and   con- 
necting with  the  levee  of  the  adjacent  proprietors, 
so  as  to  protect  his  own   land  and   all  the  land 
lying  in  said  township  and  included  within  said 
levee,  from  being  overflowed  by  the  waters  of  the 
Mississippi  River.     The  said  levee  to  be  three  feet 
in  height  above  the  high  water  mark  of  the   year      DimeB- 
185i",  and  to  have  at  least  five  feet  of  base  to  each  sions, 
foot  of  height,  and  to  be  constructed  in  the  most 
approved  and  most  substantial  and  durable  manner. 

Sec.  2.  That  the  proprietors  of  land  in  the  said 
township,  or  their  agents  or  overseers  in  their  ab- 
sence, shall  assemble  on  the  first  Monday  of  April 

next,   at   Bi  ierfield,  the   plantation   of  Jefferson  ,  ^T""" 
i\      ■  J        ^1      /'  \i  Af       1         i>  T  •  tendcnt  to 

Davis,  and  on  tlie  nrst  Alonday  ol  January, in  every  Reelected. 

year  thereafter,  and  shall  then  elect  a  superinten- 
dent of  the  said  levee,  for  the  term  of  one  year, 
who  shall  have  full  power  to  lay  out  the  said 
levees  and  to  direct  and  control  the  niannner 
in  which  the  same  shall  be  constructed,  to  re- 
move all  timber  and  trees  that  may  endanger  ite 
safety,  and  to  exercise  full  supervision  and  control 
over  the  erection  and  repair  of  said  levee.  The  . 
Baid  superintendent  to  receive  three  dollars  per 
day  while  so  employed,  for  his  services,  which  shall 
be  i)aid  by  the  several  proprietors  of  land  in  said 
township,  in  proportion  to  the  number  of  slaves 
owned  by  each  in  the  said  township  ;  Provided, 
that  the  ])roprietors  of  said  lands,  or  in  their  ab- 
sence, their  agents,  or  the  overseers  of  their  planta- 
tions situated  in  said  levee  district,  shall  consti- 
tute a  levee  board  for  the  purpose  of  deciding  all 
L— 25 


242  .LAWS  OF  MISSISSIPPI. 

exceptions  whicli  may  be  taken  by  any  party  in- 
terested, to  the  action  of  said  superintendent,  and 
said  board  shall  have  full  power  to  hear  and  de- 
termine all  exceptions  to  any  act  of  said  superinten- 
dent, and  shall  liave  power  by  the  vote  of  a  major- 
Powers  ^^y.  Q^  jj^ii  ^|jg  proprietors,  their  agents  or  overseers, 
^g^^^^  to  set  aside  or  confirm  the  action  of  such  superin- 
tendent whenever  any  exception  shall  be  taken  to 
the  action  of  said  superintendent.  The  matter 
excepted  to  shall  be  suspended  until  decided  by  the 
board,  and  the  superintendent  shall  forthwith  call 
the  board  together,  to  meet  at  Bricrfiold,  giving 
each  member  written  notice  of  the  time  and  ob- 
jects of  the  meeting  to  dispose  of  the  exception. 

Sec.  3.  That  if  any  proprietor  of  land   in  the 
said  township  shall  fail  to  buihi  the  said  levee  and 
have  the  same  in  complete  order  and  condition  on 
When  to  Q^.  |3Qfore  the  time   limited  for  that  purpose  by  the 
aleted  ™  '  ^^^^^^  section  of  this  act,   or  shall  fail  to   keep   and 
have  the  said  levee  in  good   and  complete  repair 
and  condition,  and  of  the  dimensions  aforesaid,  on 
or  before   the  first  day   of  March  in  every  year 
thereafter,  it  shall  be  the  duty  of  said  superinten- 
dent forthwith  to  cause  the  said  work  to  be  dt)ne, 
as  expeditiously  as  possible  and  on  the  most  favora- 
Work  let  ble  terms  he  can  obtain,  by  letting  the  same  out  to 
tro  lowest  the  lowest  bidder,  at  the  cost  of  such  delinquent 
Udder.       proprietor  ;  and  if  any  such  delinquent  proprietor 
shall  fail  to  pay  to  tlie  said  superintendent  tlie  cost 
of  the   work  so  done,  on  notice   of  the   amount 
thereof,  and  demand  of  payment  made  by  such  su- 
perintendent, tlic  amount  of  such  work  shall   be- 
come a  special  lien  upon  all  the  land  owned  by  such 
proprietor  in  said  township,  and  the  said  superin- 
tendent, after  giving  thirty  days  notice  of  the  time 
and  place  of  sale  in  some  newspaper  published  in 
the  said  county  of  Warren,  or  by  putting  up  such 
Notice  to  notices  at  five  public  jdaces  in  the  said  co.inty,  one 
be  given,    of  wliich  shall  be  on  the  premises  to  be  sold,   and 
one  at  the  Courtliouse  of  said  county,  shall  proceed 
to  sell  the  land  owned  by  such  delinquent  propri- 
etor, in   the  said  township,  or  so  much  thereof  as 
may  be  necessary  to  raise  the  amount  due,  with 
interest,  and  the  costs  of  such  sale,  to  the  higliest 
bidder  for  cash,  or  on  a  credit,  as  he  may  deem  ex 


LAWS  OP  MISSISSIPPI.  24S 

pedient,  and  shall  execute  a  deed  or  deeds  therefor 
to  the  purchaser,  which  deed  shall  vest  in  the  pur- 
chaser such  title  as  was  owned  or  possessed  by 
such  delinquent  proprietor  at  the  time  when  the 
default  in  building  such  levee  or  keeping  the  same 
in  good  order  or  repair  occurred,  under  the  provi- 

'sions  of  the  first  section  of  this  act;  Provided,  that 
no  sale  of  lands  shall  ])e  made  by  said  superinten- 
dent until  said  sale  shall  be  ajjprovcd  by  a  major-       Two 
ity  of  said  levee  board,  and  that  all  persons  whose  years  to 
lands  arc  sold  under  this  act,  shall  have  two  years  redeem, 
to  redeem  the  same  by  refunding  the  purchase  mo- 
ney with  ten  per  cent,  interest  thereon  ;    Provided 

further,  if  the  lands  of  a  minor  are  sold  he  or  she 
shall  have,  after  arriving  at  the  age  of  twenty-one, 
to  redeem  the  same  in. 

Sec.  4.  That  if  it  shall  be  found  that  the  time 
limited  by  the  first  section  of  this  act  for  the  erec-  .  i°j^^" 
tion  of  the  said  levee  is  too  short,  the  same  may 
be  extended  by  the  written  consent  of  two-thirds 
of  all  tlie  owners  of  land  in  said  township  for  such 
period  as  they  may  think  ]iroper. 

Sec.  5.  That  this  act  shall  take  effect  from  its 
passage. 

A|>]irovc(l.  January  27,  1802. 


CHAPTER  CCVIT. 


AN  ACT  supplemental  to  an  art  a{)i)rovc(l  December  16th, 
1861,  entitled  an  act  to  create  a  lund  for  tht»  .support  of 
destitute  families  of  volunteers  in  the.  State,  and  (or  other 
purposes. 

Section  J.  Be  ii  enacted  /,  .  ..'gislaturc  of 
the  Sidle  of  Hfia.sissippi,  That  if  the  Sheriff  of  any 
county  should  be  absent  and  in  the  army,  any  regu- 
larly '  onstituted  deputy  oi'such  Sheriff  may,  in  his 
own  n  imc,  execute  tlic  bond  required  by  the  act, 
to  M'hi<  h  this  act  is  supiih^ncntal,  and  said  deputy 
and  his  sureties  .'^hall  be  tliercl)y  as  Itdiy   bound  as 


244  LAWS   OK    UISSISSIPI'I. 

if  the  said  deputy  was  the  Sheriff  of  such  county, 
and  said  deputy,  after  the  execution  of  said  bond, 
shall  be  fully  (qualified  for  the  collection  of  said 
tax. 

Sec-  2.  Be  it  further  enacted,  That  tiiis  act  take 
effect  from  and  after  its  passage. 

Approved,  January  29,  18G2. 


CHAPTER  CCVIII. 

AN  ACT  for  the  relief  of  J.  B.  Massie. 

Section  1 .  Be  it  enacted  hi/  the  Legislature  oj 
the  Stdte  of  3Iississippi,  That  the  Auditor  of  Public 
Accounts  be  autliorized  and  required  to  draw  his 
warrant  in  favor  of  J.  B.  Massie  for  twelve  dol- 
lars, payable  oat  of  any  moneys  in  the  treasury 
not  otherwise  appropriated. 

Sec.  2.  Be  it  further  enacted,  That  this  act  be 
in  force   from  and  after  its  passage. 

Approved,  January  29,  1802. 


CHAPTER  CCIX. 

AN  ACT  supplemental  to  an  act  making  the  Treasury  Notes 
issued  under  an  ordinance  of  Ibe  State  Convention,  receiv- 
able in  paj'ment  of  clues  to  tlie  State  at  all  times  before  and 
after  the  period  fixed  {or  their  redemption,  and  for  other 
purposes. 

Sectioii  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississip^ji,  That  the  Treasury  Notes 
redeemable  in  1863  and  18(U,  which  may  bo  re- 
ceived into  the  State  treasury  in  1862,  according  to 
the  act  to  which  this  act  is  supplementary,  shall  be 
received  and  paid  out  of  said  treasury  as  other 
funds,  or  until  the  time  fixed  for  the  redemption 
by  the  ordinance  of  the  Convention  'vrithout  any 
endorsement  thereon. 

Sec.  1.  And  he  it  furtive^'  enacted,  Th*t  this  act 
shall  take  effeat  aail  be  in  force  from  and  after  it« 

P&8M^«. 

l.pproT«i,  January  29,  I 


LAWS   OF    IMSvSlSSIPPI.  245 

CHAPTER  CCX. 
AX  ACT  for  tho  relief  of  G.  G.  Torrey,  of  Bolivar  County. 

Section  1 .  Be  it  enn/^ted  hj  the  Legislature  of  the 
State  of  Mississippi,  That  the  Auditor  of  Public 
Accounts  be  and  he  is  hereby  instructed  to  issue 
his  warrant  on  the  Treasurer  in  favor  of  G.  G. 
Torrey,  of  Bolivar  County,  for  the  sum  of  one 
hundred  dollars,  to  be  paid  out  of  any  money  in 
the  treasury  not  otherwise  appropriated,  and  that 
this  act  take  cifect  from  and  after  its  passage. 

Approved,  January  29,  1862. 


CHAPTER  CCXr. 

AN  ACT  to  prohibit  improper  ivllowanees  by  tht  Boards 
of  Police. 

Whereas,  it  is  represented  that  the  Boacds  of 
Police  of  certain  counties  have  indulged  the  un- 
lawful habit  of  allowing  their  Clerks  fees  for  en- 
tering orders  on  the  minutes  of  said  board  and  for 
making  out,  and  delivering  to  the  Sheriffs  copies 
of  orders  appointing  road  overseers,  and  hare  also 
allowed  the  Slieriffs  compensation  for  serving  said 
copies,  and  hare  also  allowed  assessors  compensa- 
tion for  assessing  county  taxes,  and,  whereas,  these 
And  the  like  illegal  practices  should  l>c  prohibited, 
therefore, 

Sect[05  1.  Be  it  enacted  by  tfve  Legislature  oftlu 
State  of  Mlssissi]r[)i,  That  if  any  Sheriff,  Clerk, 
Assessor,  or  other  person  shall  claim  and  receive 
from  the  Treasury  of  any  couuty,  any  fee,  a  com- 
pensation not  authorized  by  law,  or  if  any  member 
of  any  Board  of  Police  shall,  knowingly  vote  for 
the  payment  of  any  such  unlawful  claim  he  or 
she  shall  be  subject  to  indictment,  and  on  convic- 
tion, fined  not  exceeding  double  the  amount  of  such 
unlawfid  charge,  or  imprisoned  in  the  County  jail 
at  the  discretion  of  the  Court. 

Approved  January  29,  1802. 


246  LAWS   OF   MISSISSIPPI. 

CHAPTER  CCXir. 

AN  ACT  to  amend  art.  eleven,  section  four  of  chapter  thirty- 
nine  of  the  Revised  Code. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  tJie 
State  of  Mississi'ppi,  That  in  addition  to  the  causes 
of  divorce  enumerated  in  article  eleventh,  section 
four  of  chapter  thirty-nine  of  the  Revised  Code, 
it  shall  be  lawful  for  any  married  woman  to  alledge 
as  a  cause  of  divorce,  that  her  husband  is  engaged 
in  the  service  of  the  United  States  of  America, 
either  in  the  army  or  navy,  or  from  clioice  reside 
in  any  one  of  the  States  of  the  United  States  in 
preference  to  residing  in  one  of  the  Confederate 
States,  Provided,  that  such  divorce  shall  not  render 
illegitimate  the  children  of  such  marriage. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
Bage. 

Approved,  January  29,  1862. 


CHAPTER  CCXIIl. 

AN  ACT  for  the  relief  of  certain  free  persons  of  color, 
known  as  the  Clark  family,  and  for  other  purposes. 

Section  1 .  Be  it  enacted  hy  the  Legislature  of 
the  State  of  Mississippi,  That  certain  free  per- 
sons of  color  known  as  the  Clark  family,  being 
Amy  Clark  and  the  descendant  of  the  said  Amy 
stnd  Samuel  Clark,  deceased,  her  husband,  now 
living  and  residing  in  Perry  county,  be  and  thej 
are  hereby  authorized  and  permitted  to  remain  and 
live  in  said  county  and  State. 

Sec.  2.  Be  it  further  enacted.  That  this  act 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

ApproTcd  January  29,  1862. 


LAWS  OP  MISSISSIPPI  247 

CHAPTER  CCXIY. 

AN  ACT  supplemental  to  an  act  passed  at  the  present 
Bession  of  the  Legislature,  entitled  an  act  authorizing  tha 
issuance  of  Treasury  Notes  as  advances  upon  Cotton. 


Notes  to 


Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of   HJi.ssisfiippi,  That  in  order  to  expedite 
the  issuance  of  the   treasury  notes   autliorized  to  i,'"'°^w2a 
be  issued  in  the  act  to  which  this  is  a  supplement,  on^elet- 
it  shall  be  lawful  for  the  governor  and  auditor  to  trotypei 
contract  for  their  printing  upon  plates  to  be  elec-  plates, 
trotyped  from  the  engraved  plates  upon  which  said 
governor  and  auditor  are  now  required  by  said  act 
to  have  said  notes  printed  ;  and  said  notes  when 
so  printed  upon  said  electrotyped  plates,  shall  be 
signed,  countersigned  and  issued,  and  in  all  respects 
be   considered   as   though  they  had  been  directly 
printed  upon  said  engraved  plates  as  in  said  origi- 
nal act  provided. 

Sec.  2.  Bf  it  further  enacted^  That  the  auditor 
and  treasurer  are  hereby  fully  authorized  and  em-      Auditor 
powered  to  employ  such  number  of  clerks  as  they  and  treas- 
niay  detnn  necessary  to  sign  and  countersign  said  "rcr  may 
notes  for  said  auditor  and  treasurer  respectively,  t'^ploy 
so  as  conveniently  to  furnish  said  notes  after  they  ^^^^'^ 
shall  be  printed  according  to  the  applications  that 
may  be  made  for  them  under  the  operation  of  said 
act  to  which  this  is  a  supplement,   and  the   signa- 
tures of  such  clerks  for  said  auditor  and  treasurer 
respectively,  Avhen  so  employed  and  duly  author- 
ized and  cmj)0wered  by  said  auditor  and  treasurer 
Bhall  1)6  of  the  same  force  and  effect  as  though  the 
same  were   directly  signed   by  said   auditor  and 
treasurer. 

Sec.  3.    Be  it  fin  ther  enacted,  That  executors, 
administrators  and  guardians  shall  be  entitled  to      Ex  ecu- 
receive  advances  of  treasury  notes  u])on  the  cotton  tors  and 
of  the  estates  under  their  control,    in    the   same  *  **  ™ **"*" 
manner  that  other  |>ersons  arc  permitted  to  obtain  *'™*?'*  •• 
such   advances  :  Provided,  the   probate  Judge  of  yancea 
the  county  in  which   the  guardian,  administrator, 
or  executor  has  qualified,  shall  by  order  approve 
the  proposed  advance. 

Sec.  4.  Be  it  further  enacted,  That  each  and 
tvcry  person  who  shall  receive  an  advance  under 


248  LAWS   OF   MISSISSIPPI. 

the  act  to  which  this  is  a  supplement,  sliall  pay 
Applic'nts  into  the  treasury  one-half  of  one  per  cent,  on  the 
to  pay  for  amount  of  said  advance  at  the  time  of  receiving 
plates,  &c.  the  same,  for  the  purpose  of  refunding  to  the  State 

the  amount  expended  for  engraving  the  plates,  and 

printing  the   notes  issued  under  the  provisions  of 

said  act. 

Sec.  5.    Be  it    further  enacted,  That   this  act 

take  effect    and   bo   in  force   from  and  after  its 

passage. 

Approved  January  2!>,   I  862. 


CHAPTER  CCXV. 

AN  ACT  for  the  relief  of  H.  J.  Terrill. 

Section  1 .  Beit  enacted  by  the  Legislature  of  tJie 
■State  of  Mississippi,  That  the  school  commission- 
ers of  Lafayette  county  be  and  they  are  hereby 
authorized  and  empowered  to  examine  and  allo"w 
any  account  for  the  tuition  of  proper  beneficiaries 
of  Lafayette  county,  for  services  rendered  in  the 
year  1860,  by  the  said  H.  J.  Terrill,  as  teacher, 
and  that  this  act  take  effect  from  and  after  its 
passage. 

Approved  January  29,  1862. 


CHAPTER  CCXVL 

AN   ACT  to  grant  public  lands  to  the  Gulf  and  Ship  Is- 
land Rail  Road  Company,  and  for  other  purposes. 

Sec.  1.  Be  it  enacted  by  the  Legislature  of  the 

J.        ,    State  of  31ississippi,  That   all    the   public   lands 

gran'ted  ^y^^S  or  being  within  fifteen  miles  of  the  line  of 

within  fif-  the  Gulf  and  Ship  Island  railroad,  as  now  located, 

teen  miles  and  not  otherwise  appropriated,  be  and  the  same 

of  line  of  is  hereby  granted   to  the  Gulf  and   Ship  Island 

™***  railroad  company,  to  be  held,  used,  hypothecated 

or  sold  by  said  company,  and  the  proceeds  thereof 

faithfully  applied  to  the  construction  of  said  rail- 


LAWS   OF   MISSISSIPPI.  249 

road,  from  a  point  or  points  on  the  Gulf  of  Afex- 
ico,  at  or  between  Mississippi  Citj  and  Biloxi, 
through  the  town  of  Brandon  to  Canton,  in  ^ladi- 
son  county  :  and  said .  grant  shall  embrace  all  tho 
public  lands  within  fifteen  miles  on  each  side  and 
along  the  entire  length  of  said  railroad,  and  shall 
also  include  the  whole  of  the  public  lands  in  all 
the  sections  intersected  by  said  boundaries :  Pro- 
vided, that  it  shall  not  be  in  the  power  of  said 
railroad  company  to  sell  any  of  said  lands  lying 
within  said  limits,  until  the  said  company  shall 
have  built  and  equipjied  ten  miles  of  said  railroad,  -^heji.  to 
and  in  that  event  said  company  shall  have  power  be  sold. 
to  sell  the  lands  within  the  range  of  said  ten  miles 
and  ten  miles  beyond,  and  so  on  as  each  ten  miles 
arc  finished,  until  the  whole  road  is  completed  : 
Provided  further,  That  said  railroad  company  Mortea«« 
may  mortgage  any  of  said  lands  subject  to  the 
foregoing  provision.  And  provided  further,  That 
this  act  shall  not  apply  to  any  of  said  lands  lying 
along  the  projected  line  of  said  railroad  ten  miles 
beyond  where  the  said  railroad  shall  not  be  fniish- 
ed  within  twenty  years  from  the  passage  of  this 
act. 

Sec.  2.  Be  it  further  madid.  That  all  the  lands 
comprehended  in  a  grant  made  bj  the  Congress  of 
the  United  States,  approved  August  11th,  fsSG,  to 
the  State  of  Mississippi,  to  aid  in  the  construction  F<>rowr 
of  a  railroad  from  the  Gulf  of  Mexico  to  Brandon,  ^nfirmed' 
which  grant  was  accepted  by  the  act  of  the  Legis- 
lature of  this  State,  approved  February  1857,  and 
which  lands  were  donated  to  the  Gulf  and  Ship 
Island  railroad  company,  by  an  act  of  the  Legis- 
lature of  this  State,  approved  December  3d,  1858, 
be  and  the  same  are  hereby  confirmed  to  said  Gulf 
and  Ship  Island  railroad  comjmny,  together  with 
all  the  rights  and  privileges,  stipulations  and  con- 
ditions contained  in  the  said  act  of  Congress, 
which  may  or  shall  have  attached  to  the  same  since 
the  date  of  said  original  grant  on  the  11th  day  of 
August,  1856. 

Sec.  3.  Be  it  further  enacted,  That  the  regis- 
ters of  the  several  land  ofiices  in  the  districts  in 
which  any  of  the  lands  gianted  and  confirmed  by 
the  first  and  second  sections  of  this  act  shall  lie, 


8S0  I.A.W8   OF   MISSISSIPPI. 

shall  each  make  out  certified  lists  or  schedules  of 
said  lands  in  their  respective  dicitricts,  one  list  or 
schedule  for  all  the  lands  contemplated  in  the  first 
section,  and  another  for  all  the  lauds  contemplated 
in  the  second  section  Of  this  act,  which  lists  or 
schedules  said  registers  shall  deliver  to  the  said 
Gulf  and  Ship  Island  railroad  company,  as  soon 
after  the  passage  of  this  act  as  the  same  can  be 
done,  and  said  lists  or  schedules  shall  have  the 
force  and  effect  of,  and  be  the  deed  for  said  lands 
from  the  State  of  Mississippi  t'^  the  said  Gulf  and 
Ship  Island  Railroad  Company. 

Sec.  4.  Be  it  further  enacie<h  Tliat  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  January  28,  1^62. 


CHAPTER  CCXVIL 

AN  ACT  to  prevent  the  sale  of  vinoiis  or  spirituous  li- 
quor within  five  miles  of  Morton,  iu  Scott  county,  in  a 
less  quantity  than  ten  gallons. 

Registers  SECTION  1.  Be  it  enacted  by  the  Legislature  of  the 
to  m  a  k  e  State  of  Mississipjn,  That  it  shall  not  be  lawful 
ont  certi-  for  any  person  except  druggists,  apothecaries  and 
fied  lists,  piiygicians,  to  sell  any  vinous  or  spirituous  liquor 
&c°^1nM^  in  a  less  quantity  than  ten  gallons,  within  five 
g^lL  miles  of  the  school-house  or  academy,   situated  in 

the  town  of  Morton  and  county  of  Scott. 

Sec.  2.    Be  it  further   enacted,  That  it   shall 
not  be  lawful  for  druggists,   apothecaries  or  phy- 
sicians to  sell   any  vinous  or  spirituous  liquors  in 
a  less  quantity  than  ten  gallons  within  the  limits 
]ffot    less  prescribed  in  the  first  section  of  this  act,   except 
than    ten  ^^^  medicinal,  sacramental   or  culinary  purposes 

fxceBt**c!  o^ly;  ^^^  ^^^^J  ^^^^^^  ^^  ^^^  ^^^^^  require  satisfac- 
'  '  tory  evidence  from  the  party  offering  to  purchase, 
that  the  liquor  is  required  for  one  of  the  purposes 
stated:  Provided,  That  every  druggist  and 
apothecary  within  said  limits  before  he  shall  sell 
any  vinous  or  spirituous  liquor  within  said   limits 

AMdaiit.  for  the  purposes  aforesaid,  shall  make  an  afi&davit 


LAwn  OF  Mississippr.  251 

and  file  the  same  in  the  office  of  the  clerk  of  pro- 
bate, that  he  will  not  sell  any  vinous  or  spirituous 
liquors  within  said  limits  for  the  purposes  afore- 
said, without  bcin<2;  himself  fully  satisfied  from  the 
evidence  furnished  him  ])y  the  purchaser,  that  the 
vinous  or  spirituous  liquors  are  intended  to  be 
used  for  the  purposes,  and  no  other,  above  enu- 
merated. 

Sec.  3.  Be  it  further  enacted,  That  if  any  person 
shall  sell  any  vinous  or  spirituous  liquor  in  any  pgngity 
quantity  less  than  ten  gallons,  or  if  any  druggist,  for  yioij. 
apothecary  or  physician  shall  sell  any  vinous  or  tion. 
Fpirituous  liquor  in  a  qUjEinlity  less  than  ten  gal- 
lous,  except  in  good  fiiith  for  medicinal,  sacramen- 
tal or  culinary  purposes,  within  five  miles  of  the 
school-house  or  academy  situated  in  the  town  of 
Morton,  and  county  of  Scott;  or  if  any  person 
shall  directly  or  by  any  evasion  or  subterfuge,  vio- 
late any  provision  of  this  act,  and  also  any  person 
who  may  own  or  have  any  inteiest  in  any  vinous 
or  spirituous  liquor  sold  contrary  to  this  act,  shall 
be  liable  to  indictment,  and  on  conviction  shall  be 
fined  not  less  than  twenty-five  dollars,  nor  more 
than  five  hundred  dollars,  or  be  imprisoned  not 
less  than  one  week  nor  more  than  three  months,  or 
both,  at  the  discretion  of  the  court. 

Approved,  January  29,  1862. 


CHAPTER    CCXVIII. 

AN  ACT  to  amend  an  act  entitled  an  act  to  chtirter  the 
Holly  Springs  and  Hickory  Flat  Plank  Road  or  Turnpike 
Company. 

Sec.  1.  Be  it  enacted  hy  the  Ijigislature  of  the 
State  of  3rississip2n,  That  the  Holly  Springs  and 
Hickory  Flat  Plank  Hoad  or  Turnpike  Company,  Tollgates, 
shall  have  power  and  authority  to  put  up  and  keep 
toll  gates  on  either  side  of  Tippah  river,  so  as  to 
compel  all  persons  crossing  said  river  within  two 
miles  either  above  or  below  where  said  turnpike 
road  crosses  to  pay  toll  to  said  turnpike  company, 
at  the  rates  fixed  in  tlie  charter,  except  the  citizens 
of  Marshall   county,  who  shall  be  permitted  to 


252  LAWS    UK    MIS.SISSIPIT. 

Who  to  cross  on  a  bridge  at  Cowen's  Mill,  free  of  charge, 
cross  free.  j^^(j  ^\  ^i^q  citizens  of  Marshall  county  Avho  live 
on  the  east  side  ot  Tippah  river  shall  be  permitted 
to  cross  said  turnpike  free  of  charge. 

Sec.  2.  Be  it  further  enacted.  That  the  Holly 
Springs  and  Hickory  Flat  Turnpike  Company 
Good  road  shall  keep  up  a  turnpike  road  from  the  Holly 
to  be  kept.  Springs  and  Pontotoc  road  across  Oaklimeter  Bot- 
tom by  John  B.  Griffin's  house,  intersecting  the 
Comersville  road  one  mile  nearer  than  the  Old 
road  by  Cowen's  Old  mill. 

Sec.  3.   Be  it  fartltfr  enarted.  That  all  persons 

going  to  or  returning  ffoui  mill  with  corn  or  wheat 

to  grind,  or  meal  or  flour  made  from  grain  so  car- 

Min  isters,  ried,   shall  pass   over  said  turnpike  ron.d   free  of 

&c.,  cross  charge,  and  all  ministers  of  the  gospel  shall  also 

^  ^^'  pass  free  of  charge. 

Sec.  2.  Be  it  further  enacted.  That  this  act  take 
effect  and  be  in  force   from  and  after  its  passage. 
Approved,  January  27,  1862. 


CHAPTER  CCXIX. 

AN  ACT  to  repeal  the  gallon  law,   so  far  as  it  relates  to 
the  Town  of  Entsrprize,  in  the  county  of  Clark 

Sec.  1.  Be  it  enacted  by  tJie  Legislature  of  the 
State  of  Mississippi,  That  all  laws  or  parts  of 
laws  winch  prohibit  the  sale  of  vinous,  or  spirit- 
uous liquors  in  less  quantities  than  one  gallon 
within  live  miles  of  the  town  of  Enterprize  in  the 
county  of  Clark,  be  and  the  same  are  hereby  re- 
pealed, and  chapter  20  of  the  revised  code  being 
an  act  to  regulate  the  sale  of  vinous  and  spirit- 
uous liquors,  be  and  the  same  is  hereby  declared  to 
be  in  force  in  said  town  of  Enterprize. 

Sec.  2.  Be  it  further  enacted,  That  this  act 
shall  take  effect  as  soon  as  it  is  ascertained  by  the 
municipal  authorities  that  said  town  of  Enterprize 
has  the  number  of  inhabitants  prescribed  by  the 
above  recited  act  of  the  revised  code,  before  the 
corporate  authorities  of  any  town,  or  city,  in  this 


LAWS   OP   MISSISSIPPI.  253 

State,  are  authorized  to  grant  license  to  sell  intox- 
icating liquors  in  less  quantities  than  one  gallon. 
Approved,  January  27,  1862. 


CHAPTER  CCXX. 

AN  ACT  entitled  an  act  to  amend  an  act  to  amend  and 
r«duce  into  one  the  act  incojporating  the  city  of  Natchez, 
and  the  several  acts  amendatory  theieto,  approved  March 
let,  1854. 

Section  1 .  Be  it  enadcd  hj  the  Legislature  of  the 
State  of  3Iississijp2Ji,  That  tlie  Mayor  and  Selcct- 
raen  ot  the  city  of  Natchez,  in  common  Council  q.-  p  . 
convened,  at  such  times  as  in  their  judgment  the  roi'  to  *be 
public  wellare  may  demand,  t^hall  have  power  to  organized, 
organize,  all  the  able-bodied  free  white  persons 
witiiin  the  ages  of  twenty-one  and  fifty  years  resi- 
ding in  said  city,  into  a  City  Patrol,  in  addition  to 
any  other  guard  or  city  watch  then  in  existence,  to 
designate  the  duties  of  such  patrol,  the  numbers  to 
constitute  the  patrol  for  each  niglit,  on  duty,  and 
appoint  the  necessary  Captains,  or  other  officers,  to 
affix  penalties  for  the  failure,  either  by  the  officers  or 
privates  to  perform  any  ))res(ribed  duty,  and  gen- 
erally to  ordain  and  a})point  all  such  other  mat- 
ters and  things  legitimately  and  necessarily  per- 
taining to  the  efficiency  of  said  City  Patrol  in  se- 
curing the  peace  and  safety  of  the  city  thereby. 

ISec.  2.  Be   it   fn-ttier  tnacfed,  That  the  Asses- 
sor and  Collector  of  Taxes  in  tlie  city  of  Natchez     Officers, 
as  now  provided  for,  shall  lie  elected  by  the  Mayor  how  eleo- 
and  Selectmen  of  said  city  in  common  council  con- *®<^* 
Ycucd,  the  qualification,  duties,  term  of  office,  and 
bond   or  bonds  to  be  ascertained,  performed,  exe- 
cuted, and  the  same  as  now  required  by  law. 

Sec.  3.  Be  it  f"rther  enacted,  That  all  acts 
and  parts  of  acts  conflicting  with  the  two  preced. 
ing  sections,  be  and  tlie  same  are  hereby  repealed, 
and  that  this  act  bo  in  force  from  and  after  its 
passage, 

ApproTcd,  January  27,  l^^•-. 


254  LAWS   OF   MISSISSIPPI. 

CHAPTER  CCXXI. 

AN  ACT  in  relation  to  the  landing  of  freight  from  Steam- 
boats at  landings  on  the  Mississippi  river  within  th» 
limits  of  this  State. 

Section  1.  Be  it  enacteA  hy  the  Legislature  of  the 
State   of^    Mississippi,    That   it  shall  be  the  dutj 
of  the  officers  of  steamboats,  in  discharging  freight 
Freight.  ^^  any  lauding  on  the  Mississippi  river  within  the 
where    to  limits  of  this' State,  to  cause  the  same  to  be  placed 
be  placed,    at  the  distance  of  at  least  fifty  feet  from  the  edge 
of  the  top  bank  of  the  river,  and  if  the   officers  of 
any  steamboat  in  landing  freight,  at  any  point  on 
said  river  within  the  limits  of  this  Stale,  shall  neg- 
lect or  refuse  to  comply  with  the  provisions  of  this 
p     ,,      act,  then  the  captain  and  owner  of  such   boat,   or 
either  of  them,  shall  be  liable  to  be  fined  in  a  sum 
not  exceeding  one  hundred  dollars,  to  be  recovered 
by  either  the  owner  of  such   freight,   or   by   the 
owner  or  keeper  of  such   landing  in  any  court   of 
competent  jurisdiction. 

Sec.  2.  Be  it  further  enacted,  That  any  freight 
discharged  from  any  steamboat,  in  violation  of  the 
Freight  at  Provisions  of  this  act,  shall  be  deemed  to  bo  left  at 
risk  of  the  risk  of   such  boat,  at  the  point  where  discharg- 
boats.         ed,  and  in  case   such  freight  shall  bo  damaged  by 
reason  of  its  being  so  left,   the  captain  and   owner 
of  such  boat  or  either  of  them,  shall  be  liable  for 
damages,  to  double  the  amount  of  damage  sustain- 
ed by  sucli  freight,  and  if  destroyed,  tlien  the  said 
parties  or  either  of  them  shall  be    liable  for   dam- 
Damao'es    ^"^^  ^^  ^''^^  ^^^^  amount  of  the  value  of  the  freight  so 
°    '   destroyed,  which  damages  may  be   recovered  by 
either  "the  owner  of  the  freigiiL  or  by  the  owner  or 
keeper  of  the  landing,  at  wliich  such  freight  maj 
have  ])een  discharged. 

Sec.  3.  Bp  U  Airth"."  nindcd,  That  the  pro- 
visions of  this  act  shall  not  apply  to  landings  at 
the  cities  and  towns  on  said  river  within  the  limits 
of  this  State. 

Sec.  4.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  be  in  force  fro:n  und  after  its  pas- 
sage. 

Approved  January  27,  1862. 


LAWS  OP  MISSISSIPPI.  25& 

CHAPTER   CCXXII. 

AN  ACT  to  defray  the  funeral  expenses  of  the  late  Col.  S. 
M.  Philips. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  0''  }fififtissiphi  That  the  sum  of  one  hundred 
and  six  50-100  dolhirs  be  and  the  same  is  herebj 
appropriated  to  Mrs.  Ennna  Phillips  to  defray  the 
funeral  exi»enscs  of  the  late  Col.  S.  M.  Philips,  of 
10th  Regiment  of  Mississippi  Volunteers,  out  of 
anv  money  in  the  Treasury  not  otherwise  appropria- 
ted, and  that  this  act  take  eft'ect  and  bo  in  force 
from  and  after  its  passage. 

A])proved,  January  27,  1862. 


CHAPTER  CCXXIII. 

AN  ACT  for  the  relief  of  A.  J.  Walker,  of  Calhoun  countj. 

Whkreas,  it  appc;irs  by  the  certiiicatc  of  the 
Auditor  of  Public  Accounts  that  on  the  12th  day 
of  July,  18'. 0,  the  said  Auditor  issued  a  warrant 
on  the  Treasury  amounting  to  21  50-100  in  favor 
of  A.  J.  Walki'r,  of  Ciilhoun,  which  warrant  was 
niniil)ored  2(54;  and  wliereas,  it  appears  by  the 
certitifate  of  the  State  Treasurer  that  said  warrant 
has  never  been  paid,  and  wliereas,  it  a])pcars  by 
the  affidavit  of  the  said  Walker  that  some  time  in 
the  mo  th  of  Jnly,  1 8(>0,  he  mailed  the  said  warrant 
at  Pittsboro.  in  ("alhoiin  county,  to  the  Treasurer 
at  Jack-on.  for  payment,  and  that  the  I'reasurer 
informed  him  the  letter  containing  the  said  warrant 
never  reached  him  ;  thoreibre, 

Section'  I.  Br  it  cnaclidhy  the  Jj'gisJatvre  of 
the  State  (f  jMis.sis.sippi,  That  the  Auditor  of  Public 
Aeeounts  is  hereljy  authorized  and  required  to 
issue  hi^  duplicate  warraiit  on  the  Treasury  in  favor 
of  A.  J.  Walker  lor  the  sum  of  $21  50-1  b;i  in  lieu 
of  a  wirrant,  numbei'ed  2  4,  issued  on  the  12lhuay 
of.Iuiv,  1H(.0,  lor   like   amount  in    favor  of  said 


^66  liAWs  OF  Mississipn. 

Walker  and  -vrhich  warrftnt  was  lost  in  course  of 
transmission  to  the  Treasurer,  and  that  this  act 
take  effect  from  its  passage. 
Approved,  January  27,  1862. 


CHAPTER  CCXXIV. 

AN  ACT  to  provide  for  an  appropriation  of  fire  thousand 
dollars  to  purchase  pistols  and  sabres  for  the  Tishomingo 
Rangers,  a  company  raised  for  the  war. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  of  3Hssissippi,  That  for  the  purchase  of 
sabres  and  pistols  for  the  use  of  the  Tishomingo 
Rangers,  a  cavalry  company  raif^ed  for  the  war,  the 
sum  of  five  thousand  dollars  is  hereby  appropria- 
ted out  of  any  moneys  not  otherwise  appropriated 
in  the  State  Treasury,  and  the  Auditor  is  hereby 
authorized  to  issue  his  warrant  on  the  Treasurer 
for  the  same,  in  favor  of  P.  D.  Roddy,  captain  of 
said  company. 

'  Sec.  2.  Be  it  further  enacted,  That  before  said 
P.  D.  Roddy  shall  be  entitled  to  apply  for  said  ap- 
propriation he  shall  enter  into  bond  in  the  penalty 
often  thousand  dollars,  with  two  good  securities,  to 
be  approved  by  the  Governor,  conditioned  for  the 
application  of  said  money  to  the  purposes  provided 
herein. 

Sec.  3.  Be  it  fartlier  enacted,  That  upon  said 
Roddy's  making  report  of  the  application  of  said 
money,  which  he  is  hereby  required  to  do,  to  the 
Quarter-Master-General,  the  said  account  shall  be 
entered  as  a  charge  against  the  Confederacy,  and 
presented  for  settlement  as  other  claims  now  held 
by  the  State. 

Sec.  3.  Beit  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  January  27,  1862. 


LAWS  9F  MIBSISSIPri.  257 

CHAPTER  CCXXY. 

AN  ACT  te  revire  a  charter  for  bridge  and   turnpike  grant- 
ed  to  J.  D.  Brooks  in  1866. 

Section  1.  Be  it  enacted  hy  the  Legislature  of 
the  State  of  Mississippi,  That  an  act  to  authorize 
J.  D.  Brooks,  of  Noxubee  county,  to  build  abridge 
and  erect  a  turnpike,  approved  25th  of  February, 
1856,  be  and  the  same  is  hereby  revived,  and  the 
said  Brooks  sliall  have  five  years  from  the  papsage 
of  this  act  to  complete  said  bridge  and  turnpike  and 
no  other  bridge  or  turnpike  shall  be  erected  within 
three  miles  of  the  bridge  and  turnpike  of  said 
Brooks  after  the  expiration  of  said  five  years,  and 
that  said  charter  shall  exist  for  twenty  years  from 
the  passage  of  this  act. 

Sec.  2.  Be  it  fvriher  emcted,  That  this  act  shall 
take  «fr«ct  and  be  in  force  from  and  after  its 
passage. 

Appro  red  January  27,  1862. 


CHAPTER  CCXXVI. 

AN  ACT  to  authorize  the  Judge  of  Probate  in  the  county  of 
Scott  to  hold  a  Probate  Court  in  said  county  the  first 
Monday  in  each  month. 

Section  1.  Be  it  eiwctcdhy  the  Legislature  of  the 
State  of  Mississippi,  That  it  shall  be  the  duty  of 
the  Judge  of  Probate  in  tlie  county  of  Scott  to 
hold  a  Probate  court  in  said  county  on  the  first 
Monday  in  each  month. 

Sec.  2.  Be  it  further  enacted.  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  January  25,  1862. 


26 


258  LAWS  OF   MISSISSIPPI. 

CHAPTER  CCXXYII. 

AN  ACT  to  arm  and  equip  Captain  E.  G.  Wheeler's  cavalry 
company,  the  Polk  Hangers,  now  in  camp  at  Columbus, 
Kentucky. 

Section  1.  Be  it  enacted  hy  the  Legislature  of 
tJie  State  of  Mississippi,  That  the  sum  of  two  thou- 
sand dollars  be  and  the  same  is  hereby  appropria- 
ted out  of  an}'  money  in  the  Treasury  not  otherwise 
appropriated,  for  the  purpose  of  arming  and  equip- 
ping Captain  E.  G.Wheeler's  company  of  cavalry, 
the  Polk  Rangers,  now  in  camp  at  Columbus, 
Kentucky. 

Sec.  2.  Be  it  further  enacted,  That  the  Audi- 
tor of  Public  Accounts  be  and  he  is  hereby  author- 
ized and  required  to  issue  his  warrant  for  the  sum 
hereby  appropriated  in  favor  of  the  aforesaid  Cap- 
tain E.  G.  AVheeler  upon  his  executing  bond  with 
good  and  sufficient  security,  payable  to  the  State  of 
Mississippi,  conditioned  for  the  faithful  application 
of  the  sum  appropriated  by  this  act  to  the  object 
contemplated,  and  for  the  return  and  delivery  of 
■  the  arms  and  equipments  purchased,  to  the  Govern- 
or of  this  State  whenever  said  company  shall  be 
disbanded  or  discharged. 

Sec.  y.  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Apprpyetij-jJ^-iiuary  27,  1862. 


CHAi^iR '  C  6xiTtII. 

AN  ACT  to  amend  chapter  60,  Revised  Code,  entitled  an  act 
providing  for  the  establishment  of  the  Probate  courts,  and 
for  prescribing  tho  mode  ofproceeding  therein. 

Sec.  1.  Be  it  enacted  hy  the  Legislature  of  the 
State  of  Mississippi,  That  if  the  Judge  of  any 
Probate  Court  in  this  State,  shall  be  absent  at  the 
time  appointed  for  the  holding  any  regular  term 
of  his  court,  as  prescribed  by  law,  the  Sheriff  may 
adjourn  the  court  from  day  to  day,  for  four  days  ; 


LAWS  OF  MISSISSIPPI.  259 

and  if  the  Judge  shall  not  appear  by  twelve  o'clock 
at  noon  on  the  fifth  day,  the  court  sliall  stand  ad- 
journed for  the  term. 

Sec.  2.  Be  i!  further  enacted,  That  this  act 
shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  January  22,  1862. 


CHAPTER  CCXXIX. 

AN  ACT  for  the  relief  of  AVm.  R.  Wynn,  minor  heir  of  Wm. 
VVynn,  deceased. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mi.sslssippi,  Tliat  Robert  E.  Wynn,  Guar- 
dian of  William  B.  Wynn,  minor,  be,  and  he  is 
hereby  authorized,  (by  and  with  the  consent  of  the 
Probate  Judge  of  Yalobusha  county)  to  purchase  a 
farm  or  plantation,  on  which  to  work  the  slaves 
of  said  minor,  also  whatever  is  necessary  to  the 
proper  working  and  care  of  the  same,  and 
make  annual  reports  of  the  debts  and  credits  there- 
of as  in  other  cases. 

Sec.  2.  Be  it  further  enacted,  Tiiat  the  said 
Robert  E.  Wynn,  Guardian,  be,  and  is  hereby 
authorized,  by  and  with  the  advice  and  consent  of 
the  Probate  Court,  to  sell  any  negroes  belonging 
to  said  minor,  which  it  may  be  the  substantial 
interest  of  his  estate  to  sell. 

Sec.  3.  Be  it  further  ennded.,  That  this  act  be  in 
force  from  and   after  itB  passage. 

Approved  January  22,  1862. 


CHAPTER  CCXXX. 

AN  ACT  for  the  relief  of  the  minor  heirs  of  Mrs.   K    S. 
Brungarde,  deceased,  and  for  other  purposes. 

Whereas,  Mrs.  E.  S.  Brungarde,  died  several 
year?  since  leaving  a  considerable  personal  estate 
in  Vicksburg,   Mississippi  ;  and  whereas,   A.   H, 


LAWS   OF  MISSISSIPPI. 

Arthur,  of  f^aid  city,  was  appointed  administrator 
of  liersaid  estate,  tjy  the  Probate  Court  of  Warren 
county,  Mississippi  ;  and  whereas,  the  only  childrGn 
of  said  decedent,  Harman,  George,  and  Ada  Brun- 
garde,  are  minors,  residing  in  the  State  of  Georgia, 
and  liavc  a  guardian  appointed  in  the  latter  State 
by  the  proper  courts  thereof ;  and  whereas,  said 
Guardian  is  desirous  of  removing  the  pr()i)erty  of 
said  minors  to  the  State  of  Geirgia;  whereupon, 

Section  1.  Be  it  enacted  hj  the  Legislature  of 
the  State  of  Mississippi,  That  the  Probate  court 
of  Warren  county,  upon  tiie  final  settlement  of  the 
accounts  of  said  Arthur  as  administrator  aforesaid, 
is  hereby  empowered  to  order,  and  decree,  that  he 
shall  pay  over  and  deliver  to  the  Guardian  of  said 
minors,  all  the  moneys  and  effects,  that  may  be  in 
his  hands  as  such  administrator  and  to  which  they 
may  be  entitled  as  distributees  of  said  decedent, 
first  taking  the  receipt  of  said  Guardian  therefor  ; 
Provided,  That  before  said  effects  are  paid  and 
delivered  to  him,  said  Guardian  shall  file  in  said 
Probate  Court  of  Warren  county,  a  duly  certified 
copy  of  his  letter,  and  bonds  as  Guardian  in  the 
State  of  Georgia. 

Sec.  2.  Be  it  further  enacted,  That  the  receipt 
pf  said  Guardian  to  said  Arthur,  for  said  effects, 
when  taken  in  pursuance  of  this  act,  shall  be  as 
full  a  discharge  to  said  Arthur,  as  if  said  Guardian 
had  qualified  as  such  in  this  act. 

Sec.  3.  Beit  further  enacted.  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  January  22,  1862. 


CHAPTER  CCXXXI. 

AN  ACT  in  rcl.'ition  to  the  Private  Secretary  of  the  Gov- 
ernor, and  for  other  purposes. 

Section  1.  Be  it  enacted  by  the  Legislature  of 
the  State  of  Mississippi,  That  the  Governor  is 
hereby  authorized  to  appoint  a  Private  Secretary, 
who  shall  hold  his  office  subject  to  the  discretion  of 
thp    Governor,   not    to   extend  beyond   tmie  for 


LAWS   OF   MISSISSlPPf.  261 

which  tlie  Governor  so  appointing  said  Secretary, 
was  elected.  Said  Secretary  shall  be  paid  at  the 
rate  of  eight  hundred  dollars  per  year,  lor  the 
time  he  may  so  be  employed,  which  shall  be  paid 
out  of  the  State  Treasury  on  the  warrant  of  the 
Auditor,  to  be  issued  on  tlie  certificate  of  the 
Governor. 

Sec.  2.  Be  it  further  enacted,  That  the  Govern- 
or is  hereby  authorized  to  emi)loy  such  other  cleri- 
cal assistance  as  lie  may  require  in  discharging  the 
duties  of  his  office.  Tlie  compensation  of  said  clerk 
or  clerks  shall  not  exceed  the  sura  of  three  dollars 
per  day,  for  eacli  day  they  may  so  be  actually  em- 
ployed ;  and  shall  be  paid  out  ol  the  Treasury  of 
the  State,,  on  the  warrant  of  the  Auditor,  to  l>e 
issyed  on  the  certificate  of  the  Governor.  This  act 
shall  be  in  force  from  its  passage. 

Ajiprovcd,  January  22,  1SG2. 


CHAPTER  CCXXXII. 

AN-.^QT  to  amend  the  fifth  section,  chapter  three   of  the 

,.  ',,  „    ,  Revised   Code. 

.^•r,  ',;,    ':  .  ^  ,     ^ 

..^ECTIDN  1.  Be  it  enacted  hy  the  Legislature  of  the, 
State  of  3fissis.sipp},  That  tlie  Assessors  of  this 
State  in  assessing  the  lands  thereof,  shall  hereaf- 
ter report  on  oath  to  tlie  Boards  of  Police  of  tlieir 
respective  counties,  at  the  first  meeting  of  said 
Board,  after  completing  their  assessment  rolls,  or 
as  soon  thereafter  as  possible,  a  list  of  all  valua- 
tions made  l»y  the  owners  of  lands,  which  are  in  the 
opinion  oi  such  Assessors,  twenty  per  cent,  below 
the  intrinsic  value  of  such  lands,  whoreuj)on  like 
proceedings  shall  be  had  as  now  required  in  case 
of  undervaluation  of  personal  property. 

Sec.  2.  Be  it  further  enacted.  That  all  acts  and 
parts  of  acts,  coming  in  conflict  with  this  act,  be 
atKJthc  same  are  hereby  ref)eala(],  and  that  this  act 
take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved,  January  22,  1862. 


262  LAWS   OF   MISSISSIPPI. 

CHAPTER  CCXXXIII. 

AN  ACT  supplemental  to  an  act  passed  at  the  present 
session  of  this  Legislature,  entitled  an  act  to  provide  for 
the  establishment  of  Hospitals  for  the  Mississippi  troops, 
and  for  other  purposes. 

Section.  1.  Beit  enacted  hy  the  Legislature  of 
the  State  of  Mississippi,  That  in  addition  to  the 
appropriation  of  twenty-five  thousand  dollars  in 
the  fifth  section  of  the  act,  to  which  this  is  a  sup- 
plement, the  further  sum  of  twenty-five  thousand 
dollars  is  hereby  appropriated  out  of  any  money 
in  the  State  Treasury  not  otherwise  appropriated, 
and  the  Auditor  is  hereby  required  upon  the  re- 
quisition of  the  Governor,  to  issue  his  warrant  on 
the  Treasury  for  the  same,  said  money,  when  re- 
ceived, to  be  appropriated  in  like  manner  as  pre- 
scribed for  the  disposition  of  said  twenty- fire 
thousand  dollars  in  the  act  to  which  this  is  a 
supplement. 

Sec.  2.  Be  it  further  enacted,  That  the  Gov- 
ernor shall  require  of  the  agents  appointed  or  to 
be  appointed  under  said  act,  bond  with  good  and 
sufficient  security,  conditioned  for  the  faithful  dis- 
bursement of  any  part  of  said  funds  appropria- 
ted to  them. 

Sec.  3.  Be  it  further  enacted.  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  January  22,  1862. 


CHAPTER  CCXXXIV. 

AN  AOT  granting  leave  of  absence   to  the  Probate  Judge 
of  Tallahatchie  county. 

Section  1.  Be  it  enacted  by  the  Legislature  of 
the  State  of  Mississippi,  That  the  Hon,  James 
Crawford,  Probate  Judge  of  the  county  of  Talla- 
hatchie have  leave  of  absence  from  the  State  for 
three  months. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall 
take  effect  from  its  paspage. 

Approved,  December  11,  18<)1. 


liAYfS   OF   Mississippi.  26t 

CHAPTER  CCXXXV. 


AN  ACT  to  extend  an  act  entitled  an  act  to  regulate  the 
fees  of  the  Clerk  of  the  Circuit  and  Chancery  Courts  of 
the  county  of  Hinds  to  the  county  of  Washington. 

Section  1.  Be  it  enacfed,  hy  the  Lef^sJature 
of  the  State  of  Mississippi,  That  the  act  aforesaid, 
be  and  tlio  same  is  hereby  extended  and  made  ap- 
plicable to  the  county  of  Washington. 

Sec.  2.  Be  it  further  enacted ,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Appi-oved,  December  4,  1861. 


CHAPTER  CCXXXVI. 

AN  ACT  to  amend  an  act  entitled  an  act  to  incorporate  the 
Mississippi  Central  Kailroad  Company,  approved  10th 
March,  1862. 

Section  1 .  Be  it  enacted  hy  tlie  Legislature  of  the 
State  of  Mississijypi,  That  in  the  event  of  a  sale 
by  the  Mississippi  Central  Railroad  Company  of 
the  stock  of  any  insolvent,  or  delinquent  subscri- 
ber, therefore,  for  any  unpaid  instalments  thereon, 
a8  provided  for  in  the  sixth  section  of  the  above 
recited'act,  the  said  company  may  become  the  pur- 
chasers and  the  holders  thereof ;  Provided,  other 
bids  are  not  made  for  the  full  amount  of  the'install- 
raents  due  thereon.  • 

Sec.  5.  Be  it  further  enacted,  Tliat  this  act 
take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  December  4.  1861. 


i'^frtw 


&Si  LAWS    OF   MISSISSII'l'I. 

CHAPTER    CCXXXVII. 

AN  ACT  in  relation  to  the  publication  of   legal  notices. 

'<-' »Sec.  1.  Beit  enacted  h/  the  Legislature  of  the 
State  of  Miss-issipjn,  That  all  notices,  publica- 
tions and  advertisements,  required  by  law  to  be 
published  in  a  newspaper,  shall,  when  there  is  no 
newspaper  published  in  the  county  where  such 
publication  ought  to  be  made,  be  made  by  posting 
up  copies  thereof  in  five  public  places  in  the  coun- 
ty, one  of  which  shall  be  at  the  door  of  tlie  Court- 
house. And  it  shall  be  the  duty  of  the  court, 
making  any  order  of  publication  against  an  absent 
or  noD-rcsident  party,  to  require  the  person  apply- 
ing for  such  order  to  state  in  his  affidavit  the  resi- 
dence of  such  absent  or  non-resident  party  if  the 
same  can  be  ascertained,  and  such  court  shall  direct 
the  clerk  to  transmit  by  mail  a  copy  of  such  order 
to  such  absent  or  non-resident  party. 

Sec.  2.  Be  it  further  enacted,  That  publica- 
tion made  in  the  manner  herein  provided,  may  bo 
proved  by  affidavit  taken  and  filed,  and  shall  have 
the  same  force  and  eff"ect  as  if  made  in  the  manner 
now  provided  by  law. 

Sec.  3.  Be  it  furtheT  enacted,  That  this  act 
shall  not  apply  to  an  act  entitled  "  an  act  to  pro- 
vide for  the  better  security  of  titles  to  lands  held 
and  claimed  under  tax  sales  and  tax  titles,  appror- 
ed  February  10th,  1860. 

Sec.  4.  Be  it  further  enacted,  That  this  act  take 
effect  from  its  passage. 
'  Appi'oved,  January  15,  1862. 


CHAPTER  CCXXXVIIL 

AN  ACT  to  suspend  the    collection  of   the    Mobile   and 
Ohio  Railroad  tax,  in  the  county  of  Kemper. 

Sec.  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  an  act  to  authorize 
the  board  of  police  of  Kemper  county  to  subscribe 
for  stock  in  the  Mobile  and  Ohio  railroad,  >^hich 


LAWS  OP  MISSISSIPPI  265 

act  was  approved  March  G,  1850,  be  and  the  same 
is  hereby  suspended  until  one  year  at  least  after 
peace  shall  be  restored  between  the  Confederate 
States  of  America  and  the  United  States,  l)ut  this 
suspension  in  no  way  shall  impair  or  destroy  any  • 
of  the  rights  and  privileges  of  said  company  in 
these  taxes  or  any  other  matter. 
Approved  November  21,  1861. 


CHAPTER  CCXXXrX. 

AN  ACT  to  be  entitled  nn   act  making  certain  appropria- 
tions therein  named. 

Sec.  1.  Be  it  enacted  hi/  the  Legislature  of  the 
State  of  3Iississ{ppr,  That  tl)e  following  sums  be 
allowed  and  paid  out  of  any  money  in  the  treasury 
not  otherwise  appropriated  : 

Art.  1.  To  L.  Julienne,  for  stationery  furnished 
in  December  last,  the  sum  of  six  75-100  dollars. 

Art.  2.  To  A.  Virden,  for  hauling  sand  and 
water  to  State  capitol,  in  November,  18.  9,  the 
sum  of  fifty  dollars.  (150.) 

Art.  3.  To  James  Taylor,  for  services  of  boy 
«  Peter,  twenty-one  davs  in  January,  1861,  the  sum 
of  thirty-one  50-100  dollars.    (|31  50.) 

Art.  4.  To  J.  IJ.  Morcy,  for  stationery  furnish- 
ed the  Legislature  this  session,  the  sum  of  seven- 
teen 50-100  dollars.  ($17  50.) 

Art.  5.  To  J.  S.  Sizer,  for  stationery  furnished 
the  Legislature  this  month,  the  sum  of  five  dol- 
lars. ($5.) 

Art.  6.  To  J.  Z.  George,  of  Carroll  county, 
for  services  as  attorney  in  prosecuting  before  jus- 
tice of  the  peace,  H-  J-  McGinty,  for  forgery  in 
seven  cases,  the  sum  of  fifty  dollars. 

Art.  7.  To  L  Strauss,  for  articles  furnished 
the  keeper  of  the  capitol.  as  per  account  herewith 
rendered,  the  sum  of  thirty-three  65-100  ($33  65.) 

Art.  8.  To  Cooper  6c  Kimball,  (Mississippian 
office)  for  public  }  ri-itirg  this  session,  the  sum  of 
forty-four  20-100  (»44  20.) 


»6  T,AWS  OF   MISSISSIPPL 

Art.  9.  To  Mrs.  Margaret  Saunders,  for  seven- 
teen days'  services  of  boy  Jim,  since  recess  in 
attending  on  this  house,  the  sum  of  thirty-four 
,  dollars  (834.) 

AfiT.  1 0.  To  JamCs  Daniel,  for  hire  boy  A.  Rcid, 
for  seventeen  days'  services  since  recess  in  attend- 
ing this  house,  the  sum  of  thirty-four  dolkirs  ($34) 

Art.  U.  To  C.  A.  Moore,  for  stationery  fur- 
nished the  State  officers  and  legislature,  the  sum 
of  nine  75-100  dollars  ($9  75.) 

Sec.  2.  Be  it  further  'enacted,  That  this  act 
be  sufficient  authority  for  the  payment  of  the  res- 
pective sums  of  money  hereinbefore  specified  : 
Provided^  the  auditor  of  public  accounts  shall  be 
and  is  hereby  required  to  take  from  the  persons 
respectively  to  whom  appropriations  are  herein 
made,  a  receipt  in  full  to  this  date  for  services  and 
items  stated  in  their  respective  claims,  and  this  act 
shall  take  eflect  and  be  in  force  from  and, after  its 
passage.  '■*... 

Approved,  January  29, 1862, 


CHAPTER  CCXL. 

AN  ACT  for  the  relief  of  the  Judges  of  the  Circuit  Court 
of  this  State,  in  certain  cases. 

Sec.  1.  Be  it  enacted,  hy  the  Legislature  of  the 
State  of  Mississippi,  That  no  deduction  shall  be 
made  from  the  salary  of  any  circuit  judge  in  this 
State,  on  account  of  his  failure  to  hold  any  term 
of  the  court  in  his  district,  wliich  by  law  ought  to 
have  been  or  to  be  held  during  the  year  one  thou- 
sand eight  hundred  and  sixty-one,  and  that  this 
act  take  effect  from  its  passage. 

Approved  November  21,  1861. 


CHAPTER    CCXLI. 

rect  the  Register  to  sell  C( 
Thomas  S.  Red. 

Whereas,  There  are  now  on  the  west  bank  of 


AN  ACT  to  direct  the  Register  to  sell  certain  Lands  to 
Thomas  S.  Red. 


LAWS  OF  Missrssirn. 

Lake  Washino^ton,  certain  vacant  unappro])riated 
lands  wliich  are  not  subject  to  be  sold  by  tlie  re- 
gister and  receiver  of  the  land  office  under  exist- 
ing law?!,  and  the  said  Innd  being  of  value  to 
Thomas  S.  Red,  wliose  plantation  is  situated  back 
of  said  land,  and  he  being  desirous  of  purchasing 
said  lands,  and  being  willing  to  pay  the  expense 
of  surveying  the  same,  and  also  the  usual  price  for 
government  lands  :  Therefore, 

Section  1.  Be  it  enacted  by  the  Legislature  of 
the  State  of  Mississippi,  That  the  register  of  the 
land  office  be  and  lie  is  hereby  authorized  and  di- 
rected to  sell  to  Thomas  S.  Red,  all  the  unappro- 
priated lands  lying  and  being  on  the  west  bank  of 
Lake  Washington,  in  front  of  sections  11,  13,  14 
and  15,  of  township  14,  range  8  west,  upon  the 
following  terms,  to-wit :  That  the  said  Red  shall 
pay  all  expenses  that  may  be  incurred  in  surveying 
said  lands,  and  shall  also  jiay  the  sum  of  one  dol- 
lar and  twenty-five  cents  per  acre  for  all  of  said 
lands  included  in  said  survey. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  January  '27,   1862. 


CHAPTER  CCXLII. 

AN  ACT  to  amend  an  act  approved  Februaiy  28,  1856, 
entitled  an  act  to  amend  an  act  approved  March  16,  1852, 
(or  the  reclamation  of  the  swamp  and  overflowed  public 
lands,  and  for  the  improvement  of  the  navigation  of  the 
various  rivers  and  streams  in  this  State,  so  far  as  the 
same  relates  to  the  county  of  Choctav/,  and  for  other 
purposes. 

Section  1.   Be  it  enact' d  hi/ i lie    Legiskitwe  oj 
the  Stiiif.  of  Mississippi,  That  the  board  of  police 
of  Choctaw  county,    he   and   they  are  hereby  au-     Board  of 
thori/.ed    to    borrow    from   the    commissioners   of  Police  au- 
swnmj>  lands  in  said  county,  nil  monies  now  in  the  thoriied 
hands  of  the  treasurer  of  said  commissioners,  or  to  borrow, 
belonging  to  said  fund  and  not  needed  to  pay  for 
work    already  done  or  contracted  for  under  the 


268  I  \WS   OP  MISSIBSIPPl. 

provisions  of  the  act  to  which  tiiis  is  an  amend- 
ment ;  and   said  hoard  of  police  shall  issue  to  the 
treasurer  of  said  fund,  a  county  warrant  for  the 
amount   so   borrowed,  bearing  interest  at  ten  per 
cent,  per  annum,  until  paid  ;  and  it  shall  be  the 
duty  of  said  board  of  police  to  open  an   account 
with  the  treasurer  of  the  commissioners  of  swamp 
lands   in   said  county;  and  whenever  any  money 
may  be  due  for  work,  hereafter  contracted  for  and 
done  under  the  provisions  of  the  act  to  which  this 
is  an  amendment,  it  shall  be  the  duty  of  the  board 
Warrants  ^^  police  to  issue  their  warrant  for  the  same,  pay- 
sued  bear-  ^^^^  ^^  ^^^®  treasurer  of  swamp  land  commissioners, 
ing  10  per  ^°cl  bearing  interest  at  the  same  rate  until  paid, 
cent,    in-  which   shall   be  credited  on  the  original  warrant, 
terest.        and  the  account  thus  kept  until  the  whole  amount 
of  principal  and  interest   shall   be  drawn  for  by 
the  treasurer  of  swamp  land  commissioners,   and 
the  warrants  so  drawn  by  said  treasurer  shall  be 
receivable  in  payment  for  work  hereafter  contract- 
ed for  and  done  under  the  provisions  of  the  act  to 
which  this  is  an  amendment,  and  in  payment  of 
the  county  taxes  of  said  county. 

Sec.  2.  Be  it  further  enacted^  That  upon  re- 
ceiving the  money  loaned  under  the  first  section  of 
this  act,  it  shall  be  the  duty  of  the  board  of  police 
of  said  county,  to  cause  the  same  to  be  placed  in 
the  county  treasury  of  said  county,  and  set  apart 
for  the  redemption  ;  first  of  all  warrants  issued 
under  the  first  section  of  an  act  to  extend  the 
powers  and  to  confirm  the  acts  of  the  board  of 
county  police  in  certain  cases,  approved  August 
2,  1861,  if  there  be  an  amount  sufficient  therefor, 
and  to  appropriate  the  balance  to  the  payment  of 
other  claims  against  said  county;  it  shall  be  the 
further  duty  of  said  board  to  revoke  the  levy  of 
the  special  tax  made  under  the  first  section  of  the 
above  recited  act,  called  the  military  relief  tax,  if 
a  Emfficiont  amount  be  borrowed  to  pay  the  tax 
thus  lericd  ;  and  if  not  sufficient  to  pay  the  Avhole 
amount  of  said  tar,  then  the  said  board  shall  re- 
duce such  levy  so  as  to  m«et  the  balance  of  the  tax 
imposed  by  said  levy,  and  the  county  treasurer  of 
the  county  shall  be  allowed  one  per  cent,  upon  the 
amount  so  borrowed,  as  commissions  for  receiving 


LAWS   OF   MISSISSIPPI.  269 

and  disbursing  the  same,  and  the  clerk  of  said  Compen- 
board  such  compensation  as  they  may  allow,  both  nation  to 
to  be  paid  out  of  the  county  treasury.  treasurer 

Sp:o.  3.  Be  it  furiher  enacted,  That  the  first 
section  of  the  act  to  which  this  is  an  amendment, 
be  and  the  same  arc  hereby  so  amended  as  to  au- 
thorize and  require  the  swamp  land  commissioners 
of  said  county,  whenever  any  owner  of  discon- 
nected tracts  of  swamp  and  overflowed  lands  may 
desire  it,  to  appropriate  the  whole  amount  of  mo- 
ney paid  into  the  swamp  land  fund  for  the  diflbr- 
cnt  tracts  so  owned,  to  tlic  reclamatiou  of  any  one 
tract  selected  by  the  owner  thereof;  and  it  shall 
be  thc*d\ity  of  the  commissioners  of  swamp  lands 
whenever  applied  to  by  any  owner  there  )f,  to  pro- 
ceed to  contract  for  the  leveeing  or  draining  of  .^'oinn^'s- 
the  tract  so  selected  under  the  provisions  of  this  co n"ract 
act,  and  the  act  to  which  this  is  an  amendment  ;  for  levee- 
and  upon  the  completion  of  the  work  contracted  ing. 
for,  it  shall  be  the  duty  of  the  trea:*urcr  of  the 
commissioners  of  swamj)  lands  to  apply  to  the 
board  of  police,  whose  duty  it  shall  be  to  issue  to 
said  treasurer,  under  the  provisions  of  the  first 
section  of  this  act,  a  warrant  for  the  amount  of 
work  done,  which  shall  be  paid  by  him  to  the  per- 
son authorized  to  rd  eive  the  same,  from  said  trea- 
surer, for  the  work  ?o  done. 

Src.  4.  Be  it  fartritr  fnnct''.d,  That  tiiis  act 
take  eflfect  and  be  in  force  from  and  after  its 
passage. 

Approved  November  29,  1861. 


CHAPTER    CCXLiri. 

AN  ACT  for  the  relief  William  Rice  Hooker,  a  minor,  of 
Hinds  County. 

'  Section  1.  Be  it  enacted  hy  the  Leprislature  of  the 
^  State  of  Mississipjn,  That  the  Sheriff  and  Tax 
Collector  of  Copiah  County,  be  and  he  is  hereby 
authorized  to  correct  the  assessment  of  the  person- 
al property  belonging  to  the  estate  of  Z.  Hooker, 
deceased,   of  Copiah  County,  and  the   assessment 


270.  I.AW8    OF    MISSISSIPPI. 

of  the  personal  property  belonging  to  William 
Rice  Hooker,  a  minor,  now  absent  from  the  State, 
in  the  army,  so  as  to  assess  the  property  belonging 
to  said  minor,  in  his  own  right  to  the  guardian 
of  said  minor,  and  the  personal  property  belonging 
to  the  estate  of  Z.  Hooker,  deceased,  to  the  ad- 
ministrator of  said  estate. 

Sec.  2.  Beit  furtlier  enacted,  "1^110,1  said" assess- 
ment shall  be  in  all  respects  as  valid  and  legal 
binding  when  made  according  to  the  provisions  of 
the  first  section  of  this  act  as  if  the  same  had  been 
made  by  the  legally  constituted  assessor  of  said 
county. 

Sec.  3.  Be  it  further  enacted,  That  this  act 
shall  take  effect  and  be  \i\  foi-ce  from  and  after  its 
passage. 

Approved  January  27,  1862. 


CHAPTER  CCXLIV. 


AN  ACT  to  amend  an  act  entitled  an  act  to  incorporate 
the  Town  of  Oakland,  in  Yalobusha  County,  approved 
February  28,  1848.      . 

Section  1 .  Beit  enacted  hy  the  Legislature  of  the 
State  of  Mississippi,  That  so  much  of  an  act  en- 
titled an  act  to  incorporate  the  town  of  Oakland 
in  Yalobusha  County,  as  defines  the  original  limits 
of  said  town,  be  and  the  same  is  hereby  repealed, 
and  the  corporate  boundaries  of  said  town  of  Oak- 
land shall  be  confined  to  the  addition  made  to  said 
town  by  an  act  approved  February  10th,  18(50, 
entitled  an  act  to  amend  an  act  entitled  an  act  to 
incorporate  the  town  of  Oakland,  in  Yalobusha 
County,  approved  February  28,  1843. 

Sec.  2.  Be  it  further  enacted,  Tliat  all  the 
provisions  of  said  first  mentioned  act,  except  so 
much  of  the  first  section  thereof  as  is  hereby  re- 
pealed, shall  apply  to  said  town  of  Oakland,  aa 
limited  Jifter  the  passage  of  this  act. 


LAWS  OF  vississipri.  ^O 


'<{  .-■' 


. » ^' 


Sec.  3.  Be  farther  enacted,  That  this  act  sball 
take  eft'ect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  January  27,  1862. 


CHAPTER  CCXLV. 

AN  ACT  to  remove  the  civil  disabilities  of  John  Estelle 
Tal|)ley,  a  minor,  o(  the  County  of  Hinds,  so  far  as  to 
allow  him  to  make  a  last  will  and  testament. 

Section  1.  Be.  it  enacted  In/  the  Legislature  of 
the  State  of  Misstfisij^ipi,  That  the  civil  disabilities 
of  John  Estcllc  Tarpley,  a  minor,  of  tlie  County 
of  Hindp,  be  so  far  removed  as  to  allow  him  to 
make  a  last  will  and  testament,  devising  all  pro- 
perty, real  or  personal,  to  which  he  is  now  entitled, 
or  may  herealter  become  entitled  in  the  possession 
of  any  person  whatever,  and  that  tlie  said  will  and 
testament  have  the  same  force  and  eflcct  as  though 
said  minor  had  attained  the  age  of  majority  pre- 
scribed by  law. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 
^^   Approved,  I'ecember  4,  1861. 


CHAPTER  CCXLVI. 

AN  ACT  to  remove  the  civil  disabilities  of  Shepherd  WasW 
ington,  a  minor,  o.'  the  County  of  Hinds,  so  far  as  to  en- 
able him  to  make  a  last  wi'l  and  testament. 

Section  1.  Be  it  enacted  by  the  Lrgislature  of 
the  State  of  Misdssijjpi,  That  the  civil  disabilities 
of  f^hcphcrd  Washington,  a  minor,  of  the  -County 
<•[  EHnds,  be  so  far  removed  as  to  allow  him  to 
make  a  last  will  and  testament,  bequeathing  all 
property,  real  and  personal,  lo  which  he  may  be 
now  entitled,  or  may  hereafter  become  entitled, 
now  ill  the  hands  of  his  mother,  Mrs.  H.  P.  AVaah- 
ingt  n,  of  said  county,  'm  any  other  person  what- 
soever,, and  that  the  same  have  the  same  {binding, 
I'/i'i'  .Iftii)  il'>u'^  iri  ••'         !< 


2T2  LAWS   9F   MWBSISSJPPI. 

force  and  effect  as  though  said  minor  had  attained 
the  age  of  majority  prescribed  by  law. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  November  20,  1861. 


CHAPTER  CCXLVn. 

AN  i\CT  m  relation  to  suits  pending  in   which  alien  ene- 
mies are  plaintiffs. 

Be  it  enacted  by  the  Legislature  of  the  State  of 
Missiftsijypi,  That  it  shall  be  lawful  for  any  court  in 
this  State,  in  which  any  suit  may  be  pending  in 
favor  of  an  alien  enemy,  to  order,  on  motion  for 
that  purpose,  that  the  same  be  prosecuted  to  judg- 
ujent  and  execution  in  the  name  of  such  plaintiff 
for  the  use  of  the  Confederate  States  of  America, 
but  all  proceedings  subsequent  to  such  order,  in  all 
cases  coming  within  the  purview  of  any  act  passed, 
or  to  be  passed,  to  delay  the  collection  of  debts 
during  the  present  war, ,  shall  be  subject  to  the 
provisions  of  said  acts,  and  suits  shall  not  abate 
by  reason  of  the  death  of  the  original  plaintiff,  bul 
shall  be  proceeded  with  in  the  same  manner  as  if 
brought  in  the  name  of  the  said  Confederate  States; 
and  that  this  act  take  effect  from  its  passage.      , 

Approved,  December  20,  1861. 


CHAPTER  CCXLVni. 

AN  ACT  to  amend  tha  third  section,  chapter  forty-eight  of 
the  Revised  Code 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  of  3Iis-3issippi,  That  from  and  after  the  pas- 
sage of  this  act,  in  all  trials  under  writs  of  habeas 
corpvs,  where  the  State  shall  be  a  party,  and  shall 
not  be  represented  by  counsel,  judge  or  court,  be- 
fore whom  such  trial  shall  be  had,  may  af)point  an 
attorney  to  represent  the  State  in  such  trial,   and 


LAWS   OF   MISSISSIPPI...  ^^ 

such  attorney  so  appointed,  shall  be  entitled  to  re- 
ceive for  his  services  such  fees  as  such  jud^c  or 
court  shall  certify  to  be  reasonable  and  Just,  not 
to  exceed  in  any  ca.'^c  the  sum  of  one  hundred  dol- 
lars, for  the  payuicut  of  whicli  the  Auditor  of 
Public  Accounts  shall  issue  his  warrant  on  thf^ 
presentation  of  surli  ccrtiiicatc. 

Bec.  2.  Be  it  farther  enackd,  That  this  act  tate 
eftcct  and  bo  in  force  from  and  after  its  passage- 

Api)roved  Dcceinbor    (*>.  1861. 


ClIAPTKR  CCXIJX. 

AN  ACT  to  arm  Capts.  J.  \V.  Piarnctt  and  Robert  Mti^ 
drow's  Cavalry  Companies  now  in  the  Service  of  (he  Ccn- 
federate  Statf;s. 

Section'  1 .  Be  it  curtctrd  hj  the  Legislature  of  tM 
State  of  Mississij.ipi,  That  the  breach  loading  ri He* 
and  such  other  gun-^  and  accoutrements  as  may  hv: 
suitable  for  cavalry  service,  now  in  the  armory  <if'-* 
the  State,  or  belonging  to  the  State,  be  and  t.l»e 
same  are  hereby  appropriated  to  the  ui^ic  of  Capt.s. 
James  W.  Burnett  and- llob^rt^Muldrow's  compu- 
nics,  or  so  many  thereof  as  arc  necessary  t«  equip 
said  companies,  wlio  have  been  mustered  into  the 
service  of  the  Confederate  States  for  and  duviug:.- 
the  war.  •  ■ 

Sec.  2.  Be  it  f;irtJ/er  emu-fed.  That  said  arms  lie- 
distributed  to  said  companies  under  the  same  ru}<' 
and  regulations  wiiich  liavc  controlled  the  distri- 
bution of  arm-^  received  from  the  State  by  other 
volunteer  comir.inies  and  regiments,  and  that  ,thi?» 
act  takecS'ect  from  and  after  its  passage. 

Approved,  November  12,  1861. 


CHAPTER  CCL. 

AN  AC  r  in  n.lati»ri  to  teslimony  m  certain  eases. 

Section  1.    Be  it  tnacted  Jnf  the  Legislature  t^ 
the  State    (/  Misnsdppi,  That  whenever  a  }>artv 
•   L» — 27 


274  LAWS  OF   MISSISSIPPI. 

to  a  suit  in  clianccry,  or  other  interested  person, 
shall  be  examined  as  a  witness  before  the  court, 
his  testimony  at  the  time  of  its  delivery  shall  be 
reduced  to  writing  by  the  clerk,  or  other  }")erson 
ajtpointed  by  the  court,  signed  by  the  witness  and 
authenticated  by  the  clerk,  or  other  person  vSO  ap- 
pointed ;  wliereupon  said  testimony  shall  be  fded 
as  a  paper  in  such  suit,  and  tliis  act  shall  be  in 
force  from  its  passage. 

Approved,  November  25,  1861. 


CHAPTER  CCLI. 

AN  ACT  in  relation  to  the  State  Lunatic  Asylum. 

Section  1.  Beit  enacted  hi/  the  Legislature  of  the 
State  of  Jlis.sissippi,  That  the  Superintendent  of 
the  Lunatic  xVsylum  shall  hereafter  be  called  and 
TruBtee'4  known  as  the  Trustees  of  said  institution,  and  if 
at  any  time  the  term  of  of&ce  of  said  Trustees  or 
any  of  them  shall  expire  before,  the  appointment 
and  qualification  of  their  successors,  the  said  trus- 
tees shall  continue  in  office  until  their  successors 
shall  be  appointed  and  qualified. 

Sec.  2.  He  it  furtlier  enacted,  That  it  shall  be  the 
t^lTke'^t  '^"^^'  ^^  ^^^^  Superintendent  and  the  Trustees  as 
separate^  far  as  practicable  to  keep  tlic  accounts  of  the  pay- 
ing patients  in  the  said  Asylum  separate  and  apart 
from  those  respecting  the  other  inmates  thereof. 

Sec  3.  Be  it  furtker  enacted,  'I'hat  the  appro- 
priations made  for  the  support  of  the  said  Asylum 
shall  hereafter  be  payable  out  of  the  State  treasury 
quarterly  in  advance. 

Sec.  4.  Be  it  further  enacted,  That  the  sum  of 
five  thousand  dollars,  bo,  and  the  same" is  hereby 
Contin-  appropriated  as  a  contingent  fund  for  the  benefit 
gent  fund.  Qf  gr^i(j  Asylum,  to  be  expended  on  the  requisition 
of  the  Governor,  when  necessary,  to  replace  any 
loss  to  the  institutum  in  consequence  of  the  dis- 
count on  Auditor's  warrants  or  otherwise. 

Sec.  5.  Be  it  Jurthir  t  suvted,  That  any  now 
paying  patient  may  be  di^chargel  by  the  Superin- 
tendent from    the  ^aid  institution,  on  the  applica- 


LAVffl  OP  Misaissippi..  275 

tion  of  relatives  or  friends  of  said  patient,  Provi-      Paj  pa- 
d°d,  tlie  superintentlent  sliall  consider  such  patient  tientsmay 
to  be  harnile=;s  and   inofiensivc,   and  shall  also  be    .'      a^' 
satislied  by  affidavits  or  otherwise  that  such   rela-        ^ 
tives  or  fiiends  are  able  and  wiIlin<T  to  provide  for 
and  take  pro[>er  care  of  such  })aticnt. 

k^EC.  C).  Be  i'  jar} her  enacted,  That  this  act  shall 
take  efl'ect  from  its  passage. 

Approveil,  January  15,  1862. 


CHAPTER  CCLll. 

AN  ACT  to  amenil  article  fifty  eight,  section  eleven,  chap- 
ter thirty-three  of  the  Revised  Code,  entitled  an  act  in 
relation  to  slaves,  free  negroes  and  mulattoes 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
Stcife  of'  3Iissis6ipfn,  That  so  much  of  said  fifty- 
eighth  article  as  makes  tiie  attempt,  by  any  slave 
to  commit  nuirder  on  the  ])erson  of  any  shive,  free 
negro  or  mulatto,  punisliable  witli  death,  be  and 
the  same  is  repealed,  and  that  such  attempt  shall 
be  tried  and. punished  according  to  the  sixty-eighth 
article,  section  twelve  of  sliid  chapter. 

Sec  2.  Beit  furfh<r  tiiactid,  That  this  act  lake 
effect  from  and  after  its  passage. 

Approved,  December  12,  1801. 


CHAPTER  CCLin. 

AN    ACT  to 'provide  for  the  afcommodation  of  the  Courts 
of  the  Confederate  States. 

Section  1.  Be  if  enacicd  ly  the  Leri.^Ja  •of 
the  State  of  Mississippi,  Tiiat  it  shall  be  law'i  !  for 
the  Court  of  the  Confed<^ral(^  Slates  for  the  Dis- 
trict of  Mississippi  to  hohi  its  sessions  in  lite  (!ity 
Hall,  in  the  City  of  Jackson,  in  which  the  1>  ;  iricc 
and  Circuit  Courts  of  the  Inited  States  we  -  leld, 
and  for  the  Clerk  and  other   officers  of  tl  (,    said 


m 


27 G  LAWS  ©p  urssTSsiPPJ. 

Confederato  Court  to  have  tlio  use  of  tlio  same 
rooms  in  the  said  City  Hall,  tliat  were  ap})ropri- 
ated  to  tlic  ?aine  officers  of  the  ?aid  United  States 
Courts  ;  and  the  State  of  Mississippi  hereby  cedes 
to  the  Confederate  States  of  An)erica  the  full  right 
to  the  use  of  said  rooms  in  the  same  manner  as  the 
same,  before  the  secession  of  the  State  of  Missis- 
sippi, was  vested  in  the  said  United  States,  and 
that  this  act  shall  take  effect  from  its  passage. 
Approved,  Ucceniber  12,  1801. 


CHAPTER  CCLIY. 

AN  A.CT  to  authorize  the  Boanl  of  Police  of  Tishomingo 
County  to  sell  the  Poor  House  and  lands  connected  there- 
with. 

Section  1 .  Be  it  cnacicd  %  t/:C  Legiskdvre  of  the 
State  of  Mississijqn,  That  the  Board  of  Police  of 
'  Tishomingo  County  are  hereby  authorized  to  sell 
'-tind  convey  on  sucli  time  and  terms  as  they  may 
think  ]>roper,  the  Poor  PTouse  in  said  county,  to- 
gether witli  all  the  lands  and  appurtenances  con- 
nected Avith  the  same,  and  l^^iat  the  proceeds  arising 
from  such  sale  shall  be  paid  into  the  poor  fund  of 
faid  county  to  be  used  as  other  pauper  funds   are. 

Sec.  2.  Be  it  fvrlhtr  enaefed,  That  nothing  in 
this  act  shall  l)e  so  construed  as  to  prevent  the 
jjoard  of  Police  or  overseers  of  the  |K)or  of  said 
county  from  eraploying  and  contracting  Tfilh  a 
i^uperintendent  o«  keepei  of  tJie  ytoor,  as  now  re- 
quired by  law,  at  iuch  other  place  or  piac^.  in  said 
county  a»  they  n)«y  de<'m  he*t.  and  that  said  J3oard 
of  Police  f^hall  alco  haTe  the  right,  and  are  hereby 
authoriiwil  to  purchase  land  and  erect  buildings 
TiiereCiii  fw  the  purpof^es  ©f  the  Poor  House,  at 
any  other  place  in  wiid  county,  that  in  the  opinion 
dt  said  Board  i*»y  be  mosi  ^itabla 

Sec.  'i.  B^  a  farihier  madfd,  That  this  act  shall 
'.ake  effect  ftnd  be  in  force  ttom  and  after  its  pas- 
■aae. 

Avpro^od,  Deceuibtt-  12,  1861. 


LAWS  OF  Mississippi.  277 

CHAPTER  CCLV. 

AN  ACT  to  repeal  an  act  entitled  an  act  to  prohibit  the 
sslc  of  spirituous  and  Tinous  liquors  in  the  town  of  Hous- 
ton in  the  countj  of  Chickasaw,  approved  December  IM, 
1S58. 

SEOfTON  1 .  Bf  it  cvorted  hi/  tlif  Legislature  of  the]^ 
State   of    3/7 wf.s'.9//;;/t,  That  the   foregoing   act  bf ,  ' 
and  the  same  is  h.crcl)T  repealed,  ?o  far  as  the  ?ame 
applies  to  the  toAvn  of  Houston,  in  Chickasaw  coun- 
ty, and  that  tliis  act  take   effect   and    be  in    foro« 
from  and  after  its  passage. 

Approved,  Novembei- 29,  IHiil. 


CHAPTER  CCLVI. 

AN  ACT  to  legalize  the  assessment  of  taxes  in  th«  county 
of  Tjawrenct,  for  the  year  1861. 

Whereas,  it  is  re<|uired  that  the  assessors  of  the 
soTcral  counties  in  Ibis  Stat?  shall  certify  their 
a.^ses«ment  rolls,  and  deliver  the  same  to  the  clerk 
of  the  Prol>tte  Court  of  his  county,  on  or  before 
the  1st  Monday  of  October  in  each  year  ;  and 
whcrea«,  the  assfssioont  roll  for  1861,  of  the  county 
of  Lawrance  wa»s  not  returned  until  the  second 
Monday  ol  N()veml)or,  creating  a  doubt  as  to  it»« 
legality. 

Section  I .  Be  it  enartrd  by  the  Tjetrlsloivre  of  the 
State  (^  yi.fititixijrjyi,  That  Raid  assessment  is  here- 
by legalized  and, confirmed,  any  law  to  th«  contra- 
ry notwithstanding. 

Approred,  I>«oemWer  11,  1^1. 


CHAPIT.R  CCLVn. 

AN  ACT  in  rt)tti«D  to  aTy^no*  •(  titla  in  Mrbaia  casei. 

Sbctiojt  1 .  Bek  enacted  by  the  Legiaiaturt  of  the 
State.  <Y  Mimissijipi,  That  patents  if<naed  by  tht 
United  States  to  citi7y«uB  of  the  State  of  Uiwissippi 


278  LAWS   Of    MISSISSIPPI. 

or  of  any  State  of  the  Confederate  States  of  Amer- 
ica, and  delivered  after  tli^;  9th  day  of  Januarj, 
A.  D.,  1861,  in  cases  where  the  entry  was  made 
and  the  land  paid  for  before  the  said  9th  day  of 
January,  A.  D.  1 8() I,  shall  have  the  same  force 
and  eiFoct  as  evidence  of  title,  and  shall  be  admis- 
sible as  evidence  in  all  the  courts  of  this  State  jn 
th«  same  manner  and  to  the  same  extent  as  patents 
to  land  issued  by  the  United  States,  prior  to  the 
9th  of  January  18t«l,  and  that  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 
Approved,  Decembtr  IG,  18G1. 


CHAPTER  CCLVIII: 

AN  ACT  to  amend  chapter  64,  section  10,  of  the  Royised 
Code,  relating  to  the  circulation  of  small  bills,  and  for 
other  purposes. 

Section  \.  Be  it  enacttdhy  the  Legislature  of 
the  Stale  of  Mississippi,  'J'hat  section  It),  of  chapter 
64,  of  the  Revised  Code,  be  so  amended  that  during 
the  continuance  of  the  war  between  the  Govern- 
ment of  the  Confederate  States  of  America,  and 
the  United  States  of  America,  and  for  twelre 
months  after  the  conclusion  of  said  war  by  treaty, 
of  peace,  said  section  shall  be  suspended  so  far  as  to 
authorize  the  circulation  of  bank  notes  of  a  less  de- 
nomination than  five  dollars,  and  not  less  tlian  ont 
dollar,  when  such  bills  are  issued  by  banks  char- 
tered by  any  of  the  States  of  the  Confederate 
States. 

Sec.  2.  Be  it  jurthtr  enacted,  That  no  prosecu- 
tiona  shall  be  hereafter  commenced  for  violations 
of  article  26,  of  iectioa  10,  of  chapter  64,  during 
the  period  of  suHj>eu8iop  abore  indicated;  Provided, 
That  all  amounti  under  one  dollar  shall  romaia 
under  aod  b»  subject  to  the  prorisioni  of  the  abore 
recited  act,  iu  the  same  manner  as  if  thii  act  had 
not  been  passed,  and  prosecutions  already  com- 
menced shall  be  dismised  upon  the  payment  of 
eosti  by  the  accostd. 


LAWS   OF   MISSISSIPPI.  279 

Sec.  8.  Be  it  furtlier  enacted.  That  this  act  shall 
take  effect  from  and  after  its  passage. 
Approved  December  16,   1861. 


CHAPTER  CCLTX. 

AN  ACT  in  relation  to  the  Penitentiary. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the 
Stdte  of  Mississippi,  That  hereafter  all  transac- 
tions iu  relation  to  the  purchase  of  raw  cotton  and 
wool,  and  the  receipts  and  sale  of  cotton  and 
woolen  fabrics,  by  tlie  res])ective  officers  of  the 
Penitentiary  of  this  State,  shall  be  kei)t  separate  Accounts 
and  apart,  from  all  the  other  lousiness  of  the  said  ^^^  ^*P*' 
Institution,  in  a  book  to  be  termed  the  "Cotton 
Book."  Under  one  head,  the  Clerk  of  the  Peni- 
tentiary, shall  keep  the  number  of  pounds  of  raw 
cotton  and  wool  alleged  to  have  been  purchased 
by  the  Superintendent,  the  price  [icr  pound,  the 
time  of  its  purchase,  and  the  date  and  aggregate 
amount  of  payment  for  the  same.  Under  another 
head  shall  be  kept  by  said  Clerk,  the  number  of 
yards  of  cotton  and  woolen  manufacture  received 
from  the  Superintendent — the  character  of  said 
fabrics,  and  the  date  of  their  receipt.  Under 
another  head,  shall  be  kept  by  said  Clerk,  the  num- 
ber of  yards  of  cloth  sold  by  hi\n,  its  character,  the 
date  when  sold,  and  the  price  for  which  the  same 
was  sold  ;  said  entries  in  the  said  "Cotton  Book" 
shall  begin  and  close,  with  the  iiscal  year  hereinaf- 
ter specified,  and  the  said  Clerk  is  hereby  required 
to  enter  in  the  said  book,  the  number  of  poinids  of 
cotton  and  wool,  ns  near  as  may  be,  and  tii'-  num- 
ber of  yards  of  cloth  that  were  on  hand  the  lirst  of 
October  last,  together  with  the  amount  of  cotton 
and  wool  bought  since,  their  jn-ice,  and  the  date  of 
purchase  ;  also,  the  number  of  yards  of  cloth  sold 
since  the  said  first  of  October,  the  date  of  sale,  and 
the  price  at  which  the  same  was  sold,  and  the  num- 
ber of  yards  receivrd  from  the  said  Superintendent 
10  as  to  separate  all  entries  made  since  the  first  of 
October  last,  in  relation  to   cotton  and   wool    or 


year- 


380  LAWS    OF    MISSISSIPIM. 

cotton  and  woolori  cloth,  fi-oin  tlio  jir neral  busiuesa 
of  the  PcnitciitiuiT,  as' i-cquirod  in  tliisFectioi). 

Sec.  2.  Be  it  furfJia-  eiinricl.  'i'liat  the  liscal 
iCiscal  y®*"^"'  ^'^  refei-eucG  to  tlie  business  aiid  affairs  of  the 
JPenitentiarj,  sliall  horcaffor  begi'i  on  the  first  daj 
of  October,  and  end  on  the  tliirtierli  day  of  Sep- 
tember iuclnsivc  ;  and  the  officers  of  said  Institntion 
•are  required  to  keep  their  aecotnits  in  accordance 
;tUerewith. 

Sec.  3.  B  it  t'urlhn-  nmctcd,  That  the  second 
section  of  an  act  C!i  titled  an  act  to  provide  for  th« 
sale  of  goods,  wares  and  mcrcharidi'se,  manufactur- 
ed in  the  Penitentiary,  approved  Feb  11th,  I860, 
lie  and  the  same  is  hereby  "repealed  ;  and  thathere- 
■  ;5fter  the  Clerk  of  the  l^enitentiary  shall  keep  liis 
office  at  said  Institution. 

Sec.  4.  i?e  it  further-  enacted,  That  all  laws 
And  parts  of  laws  in  conflict  with  this  act,  are  here- 
by repealed,  and  that  this  act  be  in  force  from  it« 
passage. 

Approred,  January  15, 1862. 


CHAPTER    (^CLX.      « 

AN  ACT  for  the  relief  of  W.  F.  Stearns,  T.  J.  Wh?.i  ton, 
and  tiie  Estate  of  D.  Ma)es,  deceased. 

Whereas,  In  1853.  D.  C.  Glenn,  then  atior- 
■aey-general,  retained  W.  F.  Stearns,  T.  J.  Whar- 
ton, and  D.  Mayes,  as  assistant  counsel  under  the 
law  in  force,  authorizing  him  so  to  do,  on  behalf  of 
tiic  State,  in  the  case  then  pending  in  the  High 
Court  of  Errors  and  Appeals,  in  which  the  State 
of  Mississippi  was  ai)pellant,  and  H.  Johnson,  ap- 
pellee, involving  the  question  of  the  liability  of 
said  State  for  the  bonds  issued  and  fold  by  the 
CTnion  Bank  :  and  whereas,  said  Glenn,  as  attor- 
ney-general aforesaid,  stipulated  to  pay  them  each 
the  sum  of  one  thousand  dollars  for  tlieir  services 
in  this  behalf,  and  the  legislature  at  its  session  in 
1854,  ordered  payment  to  each  of  said  parties  so 
iretained,  of  the  sum  of  five  lumdred  dollars,  or 
o'lc-half  of  the  amount  stipulated  to  be  paid  to 


."■M.-'s-.'H-i:;   ■]'.    ■ 

LATTS    OF    lirSSlSSIPPI.  281 

■yi.  .•('-■,(?     , .       _  -.   ■•I.' •--it'. ' 

theiM  :  .and  whereas,  the  said  par  ties  ;accQ})ted  the 
said;, sum  of  five  hundred  dolhins  each,  and  insti- 
tuted suit  in  the  Chancery  Court  for  the  balance 
due  tliem  :  and  wliereas,  decrees  were  entered  in 
said  court  on  tlio  '2Gtli  day  of  January,  1855,  in 
favor  of  said  ])artics,  eacti  tor  the  sum  of  five  huu- 
drcd  and  iifty  dollars  and  nine  cents,  with  interest 
at  the  rate  of  six  per  centum  per  annuin  from  said 
2Gtli  January,  1855,  from  which  decrees  tlie  State 
prosecuted  appeals  to  the  High  Court  of  Errors 
and  Appeals  :  and  whereas,  on  the  9th  day  of 
June,   lf<55,  said    decrees  were   affirmed   in   said  t 

High  Court  of  Errors  and  Appeals,  in  all  things  : 
and  whereas,  no  part  of  either  of  said  decrees  lias 
been  ])aid,  but  the  same  remain  in  full  force,  un- 
j)aid  and  unrevers<'<l  :     riierefore, 

.Sec:.  1 .  Be  H  cnmied  by  the  Legislature  of  tht 
State  of  3fississippi ,  That  tlie  auditor  of  public 
accounts,  be,  and  he  is  hereby  authorized  and  di- 
rected to  issue  warranto  to  W.  F.  Stearns,  T.  J. 
Wharton,  and  the  executor  or  administrator  of 
D.  Mayes,  decca.sed,  for  tlie  sum  of  five  hundred 
and  forty  dollai*s  and  nine  cents,  and  interest 
thereon  from  the  2(Uh  day  of  January,  1 855,  the 
date  of  the  decrees  recovered  by  them  in  the  Su- 
perior Court  of  Cliancerv,  to  this  date. 

Sec.  2.  Be  it  further  enritUd,  That  this  act  take 
effect  and  l)c  in  force   from  and   after  date. 

Approved,  January  '2i>,  1802. 


CHAPTER  CCLXI. 

AN    Ad'l"  to   regulate    the  actioo  #1"  the  Police  Courts,  in 
Mrtain  camss. 

Sj>r.  1.  He  it  etuu^rd  by  i/w  Ijtgi  slat  lire  of  tlys 
Hfr.tt-  of  J\iii<fi^isf<ipp{,  Tiiat  it  bhall  not  be  lawful 
for  any  member  of  tJie  boaid  of  police  of  any 
CfMinty  in  this  Statf,  or  any  levee  commissioner  to 
tiikc,  or  be  int/e.rest<>d  in  any  contract  for  any  puldic 
work  within  tb«  county,  at  any  time  while  he  shall 
be  a  member  of  sni^  Ixuird,  or  while  he  sliall  b« 


I.'.  .TS    OF    MISSISSIPPI- 

such  commissioner ;  and  any  person  offending 
a<^ainst  the  provisions  of  this  act  shall  be  liable  to 
indictment,  and  on  conviction  shall  be  fined  not 
exceeding  five  hundred  dollars,  or  imprisoned  not 
exceeding  six  months,  and  such  contracts  shall  be 
void. 

Approved  Decetnber  16,  1861. 


CHAPTER  CCLXII. 

AN  ACT  to  legalize  the  assessment  of  taxes  in  the  countT' 
of  Warren,  for  the  year  1861,  and  for  other  purposes. 

Whereas,  The  assessment  roll  in  and  for  said 
county  has  not  been  properly  made  out,  corrected 
and  sent  to  the  auditor,  as  the  law  requires  :  and 
whereas,  the  board  of  police  of  said  county  has 
directed  said  roll  to  be  corrected,  and  a  correct 
copy  thereof  returned  to  said  auditor  :    Therefore, 

Section  1.  Beit  enacted  by  the  Legislature  of  the 
State  of''31ississi'ppi,  Tliat  said  assessment  roll, 
when  corrected  and  returned  to  the  auditor,  shall 
be  valid  to  all  intents  and  purposes,  and  said  as- 
sessment be  as  valid  as  if  all  the  provisions  of  the 
law  had  been  complied  with. 

Sec.  2.  Be  it  further  enacted,  That-W.  A.  Hop- 
kins, the  assessor  of  said  county,  be,  and  he  is  here- 
by entitled  to  receive  his  compensation  for  said 
assessment,  in  the  same  manner  as  if  no  error  had 
been  made,  and  this  act  be  in  force  from  and  after 
it^  jjassage. 

Approved  December  12,  1861. 


CHAPTER  CCLXm. 

i.N  ACT  for  the  protection  of  Robart  D.  Haden,  Receiver 
of  Public  Monies  at  Columbus,  Mississippi,  and  his  secu- 
rities, and  for  other  purposes. 

Whereas,  Robert  D.  Haden,  late  receiver  ol^  •  >•> 
public  monies  at  the  land  office  at  Columbus,  Mis- 
sissippi,  under    the  governmeiit    of    tlie    United 
o  Mi-Rfui   hi. 


LAWS   OF   MISSISSIPPI.  28$ 

States,  has  in  his  possession  money  received  from 
the  sales  of  public  lands  as  such  receiver,  prior  to 
tlie  act  of  secession  by  Mississippi :  Therefore, 

Section  1.  Be  if  enacted  hy  the  Legislature  of  the 
State,  of  Missisxippi,  That  it  shall  be  lawful  and 
that  it  is  hen  by  made  tlie  duty  of  Robert  D.  Ha- 
den,  late  receiver  of  public  monies  under  the  gov- 
ernment of  the  United  States,  at  the  land  office  at 
Columbus,  Mississippi,  to  pay  over  to  the  treasurer 
of  the  State  of  Mississippi,  all  money  in  his  hands, 
or  which  he  mny  have  received  on  account  of  the 
sale  of  public  lands  sold  by  him,  and  which  has 
not  been  settled  or  accounted  for  by  him  with  the 
go^crnmcnt  of  the  United  States,  after  deducting 
the  proper  fees  and  charges  to  which  the  said  Ko- 
bert  D.  lladen  may  be  entitled, 

Sec.  2.  Be  it  further  enacted,  That  the  State 
of  Mississippi  will  ])rotect,  defend  and  hold  harm- 
less the  said  Robert  D.  Haden,  and  his  securities, 
upon  his  official  bond  as  receiver  aforesaid,  tlicir 
heirs,  executors,  administrators  and  assigns,  against 
any  and  all  damages  or  loss  whicli  tliey  or  either 
of  them  may  sustain  or  be  liable  to,  on  account  of 
the  compliance  of  the  said  llobert  D.  Haden  with 
the  provirions  and  requirements  of  this  act. 

Sec.  3.  Be  it  further  enacted,  That  this  act  shall 
take  eilect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  December  12,  1801. 


CHAPTER  CCLXIV. 
AN  ACT  makiug  certain  apyjropriatioas  iherain  named. 

Section  1 .  Be  it  eimrtrd  hy  the  Lfgi-nlafi/re  of  the 
State  of  Minsis.'^ippi,  That  the  following  sums  be 
allowed  out  of  any  monef  in  the  Treasury  not 
otherwise  oppropriated  : 

Art.  1.  To  J.  E.  Rogers  of  Tippah,  $11  28-100 
dollars  for  an  improper  a.'^c»ef^smfnt  of  merchandize 
for  the  year  1860. 


LAWS  OP  Missrssippr 

Akt.  2.  To  L.  Julifinri^,  for  stationery  furnished 
the  Legislature,  the  piim  of  Eightv-eijrht  and  85- 
100  dollars,  ($88  85-100.)  '  '    ' 

"Art.  3.  To  J.  B.  Morey,  forstntioncry  furnished 
the  Legislature  the  sr.m  of  fifteen  80-1(^0  dollars, 
($tr^   80-100) 

Art.  4.  To  C.  A.  Moan*,  for  stationery  furnish- 
ed the  Legislature,  the  sum  of  eleven  dollars,  ($11.) 

Art.  5.  To  J.  S.  Sl/.er.  for  stationery  furnished 
tlie  Legii^lature,  the  sum  of  fifry-onc  dollars.  (S51.) 

Art.  ti.  Beuj.  B.  W.  Lee.  assessor  of  Marion 
coiinty.  the  sum  of  two  hundred  dollars,  (;>200.) 

Art.  7.  To  C.  R.  Dickson.  Postmaster,  Jack- 
son, for  postage  on  public  documents  mailed  by 
House  of  Rcpresentaitives  per  resolution,  the  sura 
of  one   liuudred  and  twenty  and  60-  00  dollars. 

Art.  8.  To  R.  L.  Buck,  Esq.,  for  services  as  Dis- 
ti'ict  Attoruey  pro  tern,  for  biennial  Court  of  War- 
ren county,  at  November  t-erm,  18dl,the  suvn  of 
eighty-three  aitd  >100  dollars,  (i?83  33-100.) 

Art.  9.  To  Joseph  G.  Conwell,  of  Itawamba 
county,  for  over  assessment  on  land  for  the  year 
lS57,'thesum  of  twelve  5-100  dollars,  ($12  5-100.) 

Art.  10.  To  James  Daniel,  for  services  of  A. 
Eeid,  a  free  boy  of  color,  for  forty-seven  days  at- 
tendenee  as  servant  upon  the  House  of  Represen- 
tatives, from  the  4th  of  November  to  20th  Decem- 
ber, 1861,  the  sum  of  ninety-four  dollars,  ($94.) 

Art.  11.  To  MrS.  M.  Saunders,  forty-seven  days 
attendance  upon  the  House  of  Representatives, 
from  November  4th  to  December  20th,  1861,  the 
iwea.  of  ninety-four  dollars,  ($94.) 

Aet.  12.  To  Messrs.  KimbalKfe  Cooper,  (Mis- 
.sissippian  Office,)  for  printing  for  the  Legislature 
ai  regular  Bession  from  November  4th  to  December 
20t]i,  1861,  the  «um  of  nine  hundred  and  fiftv  and 
80-100  dollars,  ($'.*50  80-100.) 

Art.  1 3.  To  Messrs.  Power  &  Cadwalladcr,  for 
five  hundred  envelopes,  the  sum  of  seven  50-100 
dollars,  ($7  5«.i 

Art.  14.  To  Thomas  Malone  &  Co.,  for  impro- 
per as«e8sment  of  merchandize  for  the  year    I860, 
I  the  sura  of  thirty  dollai^,  ($30.) 

:  Art.  15.  To  Mrs.  Amanda  J.  Harris,  of  Law- 
8-cxice  countj,   tlie  bum  of  four  40-100  dollars  for 


r,AT7s  OF  Mfsaipsipn. 

over   assessment   for   (he   vear    1S50.    on    slavca, 
($4  40-100,) 

Art.  IC).  To  V.  A.  W.  Anderson,  tlie  sum  of 
eighty- three  and  33-100  dollars,  for  services  ren- 
dered as  District  Attorney /)/o  tcni,  in  the  Circuit 
Court  of  Warren  county. 

Art.  17.  To  Charles  T.  IJrndford  tlie  sum  of 
thirty-four  and  50-100  dollars,  bcing^  witness  fees 
allowed  Nowctt  DrcAv  and  C.  W.  Standard,  State 
■witnesses,  in  the  ease  of  the  State  t\s.  Matthews, 
allowed  said  witnesses  by  the  biennial  Court  of 
Issaquena  (^'ounty,  and  transferred  by  them  to  said 
Bradford. 

Art.  18.  To  Samuel  Livingston,  Clerk.  <t'c.,  for 
costs  in  State  eases,  in  the  liigh  Court  of  Errors 
and  A})peals,  wherein  the  State  was  adjudged  to 
pay  the  costs,  which  have  bctn  decided  since  the 
first  day  of  January,  I860,  the  sum  of  one  hundred 
and  seventy-three  dollars  and  twentvlivo  cents, 
(1173  25.)  ■ 

Art.  It).  To  Mrs.  Martha  Kennon,  for  services 
of  boy  Jefi'rey,  in  attendance  on  Senate  during: 
passed  session,  and  also  fourteen  days  in  litting  uj> 
halls  of  the  Legislature,  before  the  meeting  of  the 
pame,  and  for  paste  furnished  l)y  tlie  boy  JellVcy 
for  tho  use  of  the  Senate,  amountbg  in  all  to  the 
sum  of  one  hundred  and  fifty-live  dollars  and  fiftj 
cents. 

Art.  20.  Mrs.  Price,  for  hire  of  negro  man  for 
cutting  wood  for  Slate  Iloii-e,  for  two  months  aiu? 
eight  days,  at  twenty-three  doUars  i)er  month, 
making  iifty  four  dollars. 

Skc.  2.  Br  {'  jiiiihcr  r3K"/<r/, 'J1iat  this  act  shall 
be  sufficient  authority  for  the  payment  of  the  ri> 
spcctive  sums  of  money  hereinbefore  spcciticd. 
Provided,  that  the  Auditor  of  Accounts  shall  ]>e. 
and  he  is  hereby  required  to  take  from  the  per^tous 
respectively,  to  whom  a)){>roj)riations  arc  tierciu 
made,  a  receipt  in  full  to  this  date,  for  services  and 
items  stated  in  their  respective  claims,  and  this  act 
Bhall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  January  28.  li*  *. 


286 


LAWS    OF    MISSISSIPPI. 


CHAPTER  CCLXV. 

AN  ACT  authorizing  the  issuance   of  Treasury  Notes  on 
behalf  of  the  State. 


$2,500,- 
000  to  be 
issued* 


Form. 


Denomi- 
nation. 


Military 
fund  crea- 
ted. 


■  Section  1.  Be  it  enacted  h/  the  Legislature  of  the 
State  of  Mississippi,  That  tlie  Governor  and  Au- 
ditor of  this  State  arc  hereby  required,  as  soon  as 
possible,  to  contract  for  the  printing-  upon  electro- 
type plates,  of  two  and  a  half  millions  of  dollars 
of  the  Treasury  Notes  of  this  State,  which  notes, 
signed  by  the  Treasurer,  and  countersigned  by  the 
Auditor  of  Public  Accounts,  and  ornamented  with 
such  designs  as  the  Treasurer  and  Auditor  may 
adopt,  shall  read  on  their  face  as  follows  : 

"  The  State  of  Mississippi  promises  to  pay  to 
bearer dollars  at  tho  Treasury  Office. 

Issued day  of 186 

Auditor, Treasurer. 

And  on  some  portion  of  the  face  of  said  notes  shall 
be  inserted  as  follows  :  "Faith  of  the  State  pledg- 
ed ;"  "Fundable  in  bonds  bearing  eight  per  cent., 
payable  in  ten  years, 'When  not  less  than  five  hun- 
dred dollars  are  presented."  "Receivable  in  pay- 
ment of  all  dues  to  tlie  State."  Said  notes  shall 
be  printed"  in  denominations  of  five,  ten,  twenty, 
fifty,  one  hundred  and  five  hundred  dollars,  and 
in  such  proportions  of  each  as  the  said  Governor 
and  Auditor  may  determine.  Said  plates  shall  be 
soldered  up  in  a  tin  box  and  deposited  in  the  office 
of  the  treasury. 

Sec.  2.  Be  it  further  enacted,  That  the  said 
notes,  when  procured,  sliall  be  deposited  with  the 
Treasurer,  in  the  treasury  of  the  State,  and  shall 
constitute  a  military  fund  to  be  expended  in  the 
defense  of  the  State.  All  sums  heretofore  appro- 
priated for  military  purposes,  may  be  paid  out  of 
the  said  fund,  and  tho  Governor  of  this  State  is 
hereby  authorized  to  draw  his  order  upon  the  Au- 
ditor, who  shall  draw  his  warrant  upon  the  Trea- 
surer, in  favor  of  such  persons  and  in  such  sums, 
and  for  such  purposes  as  he  may  deem  necessary  in 


LAWS  %F  Mis.-,;ssippi.  287 

providing  for  tho  military  exigeucies   and  general 
defense  of  the  State. 

Skc.  3,   Be  it  further  nuicttd,  That  tlic  Treasury 
Notes  liereby  autliorizod,  m;iy  be  funded  as  follows: 
Any  person  holding  not  less  than  tlie  sum    of  five    Treasury 
hundred    dollars    of  said    notes,  may    present  the  notes  how- 
same  to  the  Treasurer,  for  the  purj)ose  of  funding  funded, 
the   Siime,   and   thereupon  a  bond  of  this   State, 
bearing   ititcrcst  at  the  rate  of  eight  per  cent,  per 
annum,  and  payable  in  ten  years   from  the  date  of 
the  same,   shall  be   issued  to  such  persons  for  tho 
amount  as  presented   aforesaid,  which  said  bond 
shall  be  signed  by  the  (Joveruorand  countersigned 
by  the  Auditor  and  Treasurer  of  the  State.     Said 
Treasury  notes  so  exchanged  for  said  bonds,  sliall 
be. immediately  cancelled  in   some   u.imis'.ukcablc        Notes, 
manner,  by  the  Treasurer  and  Auditor,  in  the  pre-  when  and 
sencc  of  each  other ;  and  the  notes   so   cancelled  ho^  can- 
shall  be  delivered  to  the  Treasurer  to  lie  deposited  c^^'*^"- 
in  the  treasury  of  the  State.     The  said  Treasurer 
shall  keep  books  showing  the  amount  of  said  notes 
so  lunded,   the  persons   to  whom,  the  amount  in 
which,  and  the  time  when  said  bonds  were  issued, 
together  with  such  other  entries  as  may    be  neces- 
sary to  explain  and  jireserve  iiis  actings  and  doings 
under  this  act.      The  Auditor  shall  keep  a  record 
in  his  liooks  of  the  amount  of  said  notes  cancelled, 
the  litlo  of  such   cancellation   and  the  persons  to 
whom  the  same  .were  presented  and  returned. 

Sec.  4.   Re  it  furt/yr  enacted.    That    the  said  Notes,  % 
Treasury  notes  shall  be  receivable  in  payment  of  what  re- 
all  taxes  and  other  debts  due  to  this  State,  except  ceivable. 
the  tax  authorized  by  an  ordinance,  passed  January 
26th,  18G1,  for  the  payment  of  the  Treasury  Notes 
issued  by  virtue  of  the  same. 

Sec.   5.  Be  it  further  enacted,  That  the  faith  of     Faith  of 
the  State  of  Mississippi  is  hereby  pledged  for  the  the    State 
,  ultimate  redemption  and  payment  of  the  notes  and  pledged, 
bonds  authorized  to  l)e  issued  by  this  act. 

Sec.  6.  Be   it  furthr   vnacted,  That   all    funds 
which  now  are,  or  which  hereafter  may  be,   in  the  Appropri- 
Ireasury,   not    otherwise    appropriated,    and     all  ation   for 
fundrf  which  may  be  olHained  from  the  Confederate  printing. 
States  in  discharge  of  their   indelitcdness  to   this 
State,  are  hereby  appropriated  as  far  as  necessary, 


288  i.Avrs  OF  Mississipri. 

to   the   payment  of  tlic   debt  contracted   for  the 
printing  of  said  notes,  and  the  Grovernor  is  author- 
ized to  draw  his  order  on  the  Auditor  who   sliall 
draw  his  warrant  on  the  treasurer  for  the  amount 
Governor  ^^  ^^^'^  debt.     In  addition  to  the  saiii   ai)propria- 
may  exe-  tion,  the  Governor  i.s  hereby  authorized,  if  in  his 
cnte  bond,  opinion  it  may  be  necessary,  to  procure  the  print- 
ing of  said  notes  at  the  earliest  ]>ei'iod,  to  execute 
the  bond  of  this  State  for  the  amount  of  said  debt, 
bearing  ten  per  cent,  per  annum  interest  from  its 
date,  aud  payable  at  such  time  as  he  m^y  agree,  and 
for   the   payment  of  said   bond,    tlie  faith  af  the 
State  is  hereby  pledged. 

Sec.  7.  Be  it  further  enacM,  That  the  Auditor- 
Auditor  and  Tjoasurer  arc  hereby  authorized  to  employ  the 
and  Trea-  gei-yiecs  of  such  clerks  as  may  be  i-efained  in  their 
c'm^DlTv  *^fi^^^'^'  ^i"<^er  any  previous  law.  in  carrying  out  the 
clerks.        purposes  of  this  act ;  and  should  said'  clerks  be  in- 
sufficient, then  the  said  Auditor  arid  Treasurer  arc 
hereby  authorized  t^o  procure  the  services  of  such 
clerks  as  may  be  necessary  to  ^thatend  ;  Provided, 
the  pay  of  said  clerks  shall  not  exceed  the  rate  of 
eight  hundr-^d  dollars  a  year  for  the  time  they  may 
of  be  so  em})loyed,  and  any  money  in  tlie  treasury  not 
otherwise  appropriated  is  hereby  appropriated  to 
their  payment. 

Sec.  8.    Be  it  fnrthcr  enacted,   That  this   act 
be  in  force  from  its  passage. 
Approved  January  29,  1862. 


^erks. 


CHAPTER  CCLXYL 

AN  ACT  to  amend  the  chnrter  of  the  Columbus  Life  and 
General  Insurance  Company,  and  the  Mississippi  Mu- 
tual Insurance  Comp;iny. 

Whereas,  The  Columbus  Life  and  C4eneral  In- 
surance Company,  Jir-ting  under  and  by  virtue  of  a 
charter  or  act  of  incorporation,  from  the  legislature 
of  the  State  of  MisBissip))i,  with  an  actual  capital 
paid  in  of  three  hundi-ed  thousand  dollars,  has 
been  in  l^uccessful  operation  for  a  number  of  years, 
paying  a  large  amount  of  taxea  into  the  State 
treasiiry  annually  :  and  wliercas,  there  has'Srif^'en 
an  emergency  in  the  financial  alTairs  of  the  country 
requiring  the  employment  of  concentrated  banking^ 


LAWS  OF  MISSISSIPPI.  289 

capital  or  credit,  either  of  our  own  or  some  other 
State  or  States  :  Therefore, 

Sec.  1.  Beit  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  Columbus  Life  and 
General    Insurance   Company,  be,   and  they  arc     Notes  to 
hereby  authorized  and  empowered  to  issue  and  put  circulate 
in   circulation   as   the  representative    of    money,  as  money 
notes  or  bills,  equal  in  amount  to  double  the  amount  authoriz'd 
of  their  actually  paid  up  capital,  under  the  follow   *°  ^   '^' 
ing  rules,  regulationc,  immunities,  rights,  privileges  ^"^  ' 
and  liabilities,  in  addition  to  those  granted  or  im- 
posed in  the  charter  of  said  company,  as  it  now 
exists,  to  which  this  act  is  an  amendment. 

Sec.  2.    Be    it  further  enacted.   That  in  addi- 
tion to  the  capital  stock  of  said  company,  the 
individual   stockholders,  or  any  co-partnership  or  stockhold 
body  politic,  owning  or  holding  shares  of  stock  in  ers  held 
said   companies,   shall   be  bound  and  held  liable  in   double 
res|5ectively  in  the  capacity  in  which  said  stock  or  ^^^®  amo't 
shares  of  stock  are  held,   and  for  twelve  months  °[  *^^"^ 
after  any  transfer  or  sale  thereof,  for  the  redemp- 
tion of  all  of  said  notes  or  bills  that  maybe  issued 
and   put  in   circulation  by  virtue  of  the  first  sec- 
tion of  this  act,  to  an  amount  double  the  stock  or 
shares   thus   owned  by  each,  upon  ftiilure  of  the 
company  to  redeem  the  same. 

SEf.  3.  Be  it  further  enacted,  That  in  case  of  an 
issue  of  notes  or  bills,  and  put  in  circulation  by 
said   company,  greater  than  is   hereby  authorized, 
the  president  and  directors,  under  whose  adminis-         ., 
tration  it  may  have  occurred,  shall  be  liable  and     j^jj^gc- 
held  responsible  for  the  redemption  of  all  the  is-  t^rs  when 
sues  of  said  company  in  their  individual  and  pri-  liable, 
vatc  character,  and  suit  may  be  instituted  against 
them,  or  either  of  them,  in  any  court  having  com- 
petent jurisdiction,   by  any  creditor  of  said  com- 
pany holding  the  notes  or  bills  thus  issued  by  said 
company,  and  such   suits  way  be  prosecuted   to 
judgment  and  collection  against  said  parties,  any 
condition  or  agreement  to  the  contrary  notwith- 
standing,   but    the    incorporation    shall    not   on 
account  of  this  provision  be  less  liable  or  charge- 
able with   such    excess  or  over  issue  :    Provided, 
h/nrcvrr.  That  the  president  and  such  of  said  di- 
rectors as  may  have  been  aliscnt  when  such  excess 
L-  28' 


2^0  LAWS  OF   MISSISSIPPI. 

or  over  issue  was  authorized,  created  or  contracted, 
or  who  may  have  recorded  their  votes,  if  present, 
on  the  minutes  of  the  board  of  directors  against 
such  excess  or  over  issue,  shall  not  be  held  subject 
to  liability  under  this  provision. 

Sec.  4,  Be  it  further  enacted.  That  it  shall  be 
illegal  for  said  company,  by  order  of  their  board 
of  directors,  or  by  the  action  of  any  officer  or  offi- 
cers of  the  said  company,   to  issue   and   put  into 
circulation  an  amount  of  notes  or  bills  larger  than 
the  amount  authorized  by  this  act,  to  be  issued  and 
Penalty  P^^^  ^^^*^  circulation   by  said  company  ;  and   the 
for  over  director  or  directors  authorizing   such   issue,   and 
ssue.         the  officer  or  officers  of  said  company  issuing  and 
putting  into  circulation  the  same,  shall   be  guilty 
of  a  high  misdemeanor,  and  upon  indictment  and 
conviction  therefor,  shall  be  fined  in  any  sum  not 
exceeding   tAviec   the  amount  of  such  over  issue, 
and  imprisoned  in  tlie  penitentiary  not  more  than 
ten  years. 

Sec.    5.    Be  it  furtlier  enacted.  That   said   com- 
pany are  hereby  authorized  to  issue  notes  or  bills 
as  provided  for  in  section  one  of  this  act,  of  such 
Bill  less  denomination  ;  not  less  than  one  dollar,  as  may  be 
than   $1  deemed  proper  by  said  company  during   the   sus- 
not  to  be  pension  of  specie  payments  by  the  banks   of  the 
issued.       cities  of  New  Orleans  and   Mobile  ;  but  so  soon 
as  the  banks  of  the  cities  aforesaid,  or  a  majority 
of  them,  sliall  have  resumed  specie  payment,  then 
and  thereafter  it  shall  not  be  lawful  for  the  said 
Columbus  Life  and  General   Insurance  Company 
to  issue  and  put  into  circulation  any  of  their  notes 
or  bills  of  a  less  denomination  than  five   dollars, 
unless   by  legislative   enactment  notes  or  bills  of 
less  denomination  than  five  dollars  are  allowed  ta 
circulate jn  this  State. 

Sec.  6.    Be  it  farther  enacted,  That  the   said 

company  shall  within  ninety  days  after  the  resump- 

When  to  ^^^^  ^^  specie  payment  by  the  banks  of  the  cities 

redeem  in  of  New  Orleans   and  Mobile,   or  a   majority  of 

gold    and  them,  be  required  to  redeem  their  circulation  in 

silrer.        coin,  and  at  all  times  thereafter  keep  on  hand  gold 

or  silver  coin,  one  or  both,  in  a  proportion  of  not 

less  than  one-third  of  the  amount  of  the  notes  or 

bills  it  shall  have  in  circulation,   and  should  this 


LAWS    OP    MISSISSIPPI.  2^ 

proportion  be  suddenly  diminished  by  their  re- 
sponse to  an  unusual  presentation  of  its  circulation 
and  demand  for  coin,  the  deficiency  must  be  at 
once  remedied. 

Sec.  7.  Be  it  further  enacted,  That  the  said 
company  shall  bo  autliorized  to  take,  to  retain,  or 
receive  on  its  loans  and  purchases  of  notes  or  bills 
of  exchange,  interest  off  at  tlic  rate  of  eight  per  .  .  V*' 
cent,  per  annum,  Init  it  shall  be  entitled  to  charge  '"  ^'* 
and  receive  legal  per  cent,  per  annum,  running  in- 
terest, upon  all  claims  hereafter  due  to  said  com- 
pany, until  paid :  Provided,  That  said  company 
may,  in  the  purchase  of  notes  or  drafts,  payable  at 
its  own  counter,  receive  or  retain  eight  per  cent, 
per  annum  interest  olT. 

Sec.  8.  Be  it  further  enacted,  That  whenever 
any  bill  or  bills,  note  or  notes,  being  issues  of  said 
company,  arc  presented  at  its  counter  for  redemp- 
tion, after  the  time  fixed  in  the  sixth  section  of  Bii]g^jj»„ 
this  act  for  specie  payments  by  said  company,  and  ami  h^w 
the  company  shall  refuse  to  redeem  the  same,  either  pro  tesUd. 
in  gold  or  silver,  the  president  or  secretary  shall,  Interest, 
npon  the  requirement  of  the  party  presenting  the 
same,  write  across  the  back  of  such  bill  or  bills, 
note  or  notes,  the  word  "  protested,"  with  the  day 
and  date  thereof,  and  shall  sign  the  same,  and  all 
such  bills  and  notes  so  protested  shall  draw  twelve 
per  cent,  interest  from  the  date  of  the  jnotest,  un- 
til the  same  shall  be  redeemed,  together  with  the 
interest  that  may  have  occurred  thereon  ;  and  if 
*any  snch  notes  or  bills  be  presented  to  said  com- 
pany at  its  counter,  and  payment  be  refused,  and 
such  officer  refuses  to  note  the  same  protested  as 
above  piibvided,  said  company  shall  be  subject  to 
pay  double  the  amount  of  the  demand  presented 
and  refused,  to  be  recovered  by  the  person  aggriev- 
ed in  any  court  of  record  having  competent  juris- 
diction; and  the  officer  so  refusing  to  note  the 
same  for  protest,  shall  be  guilty  of  a  high  misde- 
meanor, and  on  conviction  thereof  in  a  competent 
court,  shall  ])e  imprisoned  in  the  county  jail  for  a 
period  not  exceeding  twelve  months. 

Sec.  0.  Be  it  further  enacted.  That  if  any  debt 
or  denuind  against  said  company,  being  part  of  its 
circuhilirtn.  for  an  amount  exceeding  one  hundred 


-'t92  LAWS  OP  MISSISSIPPI. 

dollars,   shall   remain   unpaid  for  more  than  ten 
days  after  proper  demand  made  for  payment,  the 
holder  of  such  debt  may  file  a  bill  in  the  Chancery 
Court  having  jurisdiction,  for  the  settlement  of 
-all  the  debts  of  the  company,  if  he  elect  so  to  do, 
and  may,  on  sufficient  proof  of  such  refusal  to  pay, 
■  on  demand,  and  of  the  continuation  of  such  refusal 
Wban  in-  made,   to  any  chancellor  or  judge  of  any  Circuit 
janctiba  court  of  the  State,  pray  an  injunction  to  restrain 
Q-  sssue.    ^Ijq  g^jj  company,   and  all  its  officers  from  paying 
out,  or  in  any  way  transferring  or  delivering   to 
any  person  any  money  or  assets  of  said   company, 
or  incurring   any  obligation  or  debt  until   such 
order  be  vacated  or  modified  ;  and   if  any  such 
chancellor  or  judge  shall  be  of  opinion   that   the 
debt  is  justly  due,  and  tliat  the  company  has  no 
just  defence  against  the  demand,  and  if  it  shall 
appear  expedient  and   necessary  upon  the  proof 
presented,  in  order  to  prevent  fraud  and  injustice, 
he  shall  grant  an  order  for  such  injunction:    Pro- 
vided, the  company  shall  have  reasonable  notice  of 
-the  application,  as   the  chancellor  or  judge  may 
;:  prescribe,  and  shall  not  be  able  to  show  sufficient 
•'  cause  against  the  same,  and  the  said  chancellor  or 
judge  shall  then  proceed  further  to  inquire  on  such 
further  notice  as  he  may  prescribe,  whetiier   the 
said   company  be  clearly  solvent  or  not,  and  may 
require  the  officers  of  the  company  to  exhibit  any 
and   all   of   its  books,   papers,   accounts,   asi?ets, 
moneys   and  effects,   and  to  be  examined  on  oath 
touching  the  same  before  him,  or  a  referee  to  be 
■,  appointed  by  him;  and  if  it  shall  appear  that  said 
.company  is  not  clearly  solvent,  then  he  may  make 
-an  order  declaring  the  same  to  be  insolvent  and 
requiring   its  affairs  to  be  wound  up  and  settled  ; 
and  further,  if  in  his  opinion  the   safety  of  the 
creditors  require  it,  such  chancellor  or  judge  may 
V Receiver  ^PPoi^^^   ^   receiver  or  receivers,  who   shall  give 
■  when   ap-  ample   security  for  the  faithful  discharge  of  their 
,  poaoted.      duty  to  take  charge  of  all  the  assets  of  the  com- 
pany and  to  close  and  settle  its  affairs,   and  may 
make  all  such  orders  for  the   accomplishing  the 
same  safely,  properly  and  economically  as  the  case 
may  seem  to  require.     But  if  it  shall  appear  on 
such  examination  that  the  said  company  is  clearly 


LAWS  OF  MISSISSIPPI. 

solvent,  or  if  there  shall  appear  to  be  a  deficiency 
of  assets,  and  the  company  shall  proceed  and  give 
good  security  for  the  payment  of  any  deficiency 
wliich  may  exist,  and  that  the  assets  shall  prove 
sufiicient  to  satisfy  all  tlie  debts  of  the  company  to 
the  satisfaction  of  the  chancellor  or  judge,  then 
no  sucii  receiver  shall  be  appointed  ;  and  upon  the 
payment  of  the  debt  complained  of,  the  injunction  iQjnicFDt. 
and  proceedings  shall  be  dismissed.  Such  order  dismissed; 
shall  be  made  for  the  payment  of  costs,  &c,,  as  the 
chancellor  or  judge  shall  deem  just  and  proper  : 
Provided,  That  such  costs,  &c.,  shall  not  be  recov- 
ered against  the  company  if  it  shall  appear  that 
suit  was  instituted  for  malicious  or  vexatious  pur- 
poses, and  that  there  was  in  reality  no  just  grounds 
for  the  same.  The  proceedings  to  be  made  a  matr 
ter  of  record  in  the  proper  court,  and  be  subject 
to  revision  and  correction  by  the  High  (.  ourt  of 
Errors  and  Apjicals,  as  in  other  cases. 

Sec.  10.  Be  it  further  ejiac^o?,  That  in  case  the 
said  company  be  found  insolvent  and  settlements  of 
its  affairs  be  ordered  as  herein  provided,  the  same 
shall  bo  done  upon   bill   filed   in   chancery   court 
under  the  orders  of  the  court  and  rules  in  chancery,, 
and  full  distribution  shall  be  made  of  tl.e  as-cts 
according  to  the  rights   of  all   parties.     But  the 
'holders  of  the  obligations  issued  by  said  company      (Sjeatam 
for  circulation  as  money,   shall   be  first   called  in       ^^^  ^  ^-^ 
and  paid,  and   shall  have   priority  over  debts  due  incafteaff 
from  said  company,   and   after   the  holders  of  the  ineoh  »*- 
notes  issued  for   circulation  shall  have  been  fully  «y. 
paid  off,  then  the  balance  shall  be  appropriated  to 
the  payment  of  the  ordinary  creditors  who  shall  be 
paid  in  full  if  there  should  be  sufficient  assets  to 
pay  them,  if  not,  the  same  shall  be  divided  pro  rata 
amongst  them  ,  and  if  there  should  be  any  surplus 
left  after  paying   the   ordinary   creditors   in   full, 
then  the  same  shall  be  divided  pro   rata   amongst 

\  the  stockholders. 

.*  Sec.  11.  lie  it  further  enacted,  That  the  sum- 
mary remedy  in  this  act  especially  given  for  settling 
up  and  closing  the  affairs  of  said  company  shall 
apply  to  the  case  of  insolvency  or  presumed  insol-- 
vency,  but  shall  not  be  allowed  in  the  case  ofa^ 
suspension  only  of  specie  payment   when,  and  so- 


■294  LyVWS   OF   MISSISSIPPI. 

long  as  such  suspension  shall  be  sanctioned  by  the 
Legislature,  or  by  the  Governor,  during  the  recess 
of  the  same.  But  nothing  in  iliis  act  contained 
shall  be  construed  so  as  to  deprive  a  creditor  of 
said  company  from  his  right  to  suit  in  any  other 
appropriate  mode  of  proceeding. 

Sec.    12.  Be  it  further  enacted,  That  half  year- 
ly dividends  may  l)C  made  of  so  mucli  of  the  profits 
Dividends  of  the  company  as  shall   appear  to  the  Directors 
proper.     But  no  dividend  sliallbc  paid  which  shall 
touch  upon  the  capital  of  the  compan3\ 

Sec.  13.  Be  it  furf her  enacted,  That  the  Direc- 
tors shall  have  power  to  call  a  general  meeting  of 
©irectors  ^^^  stockholders  at  any  time  they  may  deem  neces- 
may  call  a  sary  or  expedient.  Any  number  of  stockholders 
meeting  of  who  are  proprietors  of  one  thousand  shares  of 
stockhold-  capital  stock,  may  for  the  same  reason  call  a  gen- 
^^'  eral  meeting  of  the  stockholders,  the  notice   and 

call  in  both  cases  to  be  public  and  reasonable. 

Sec.  14.    Be  it  further   enaeted,  That  the  com- 
pany shall  make  to  the  Auditor'of  Public  Accounts, 
a  report  once  in  every  six  months,  of  its  true  situa- 
Report  to  ^^^"'  showing  the  amount  of  its  assets  and  liabilities 
Auditor,  and  of  what  they  consist ;  also  a  list  of  the  stock- 
when  and  holders  of  said  company,  with  the  number  of  shares 
&QW  made  owned  by  each.     This  insurance  company  shall  be 
required  to  deposit  in  the   office  of  the   Probate 
Clerk  of  the  county  in  which  they  may  do  business 
on  the  first  day  of  April  in   each   year,  a   copy  of 
their  stock-book,  verified  on  oath,  to  be  subject  to 
public  inspection,  and  said  copy   or   certified  tran- 
script thereof  shall  be  received  as  evidence  in  all 
the  courts  of  this  State. 

Sec.    i5.  Be  it   further  enacted,   That  the  said 

company  may,  at  tlic  discretion  and   by  order  of 

^ital  ^]jgi,.   Board  of  Directors,   increase  their   capital 

BeT^reaT  ^^^^^^'  ^^  ^^  ""^  *^^  exceed,  in   their   entire  capital 
ed.  '  stock,  the  suMi'offivc  hundred  thousand  dollars,  and 

upon  such  increased  capital  stock  as  the  same  may 
be  actually  paid  in,  the  said  company  may  increase 
their  issue  of  notes  or  bills  for  circulation  in  the 
same  proportion,  that  they  are  authorized  to  issue 
upon  their  ])resent  capital  stock  until  such  increas- 
ed issues  shall  amount,  with  their  entire  issues,  to 
the  sum  of  five  hundred  thousand  dollars. 


LAWS    OF    MISSISSIPPI  2§5 

Sec.  10.  Be  it  further  enacted,  That  this  en- 
tire act  amendatory  of  the  charter  of  the  Columbus 
Life  and  General  Insurance  company  shall  be  in 
force  from  and  after  passnge,  any  law  to  the  con- 
trary notwithstanding,  and  shall  continue  for  the 
term  of  fifteen  years  and  no  longer,  Provided,  the 
charter  of  said  company  shall  continue  so  long ; 
Provided  hoiceviv,  That  it  shall  not  take  effect 
until  it  has  been  accepted  by  stockholders  owning 
or  representing  a  majority  of  the  stock  of  said 
company  as  part  of  its  charter,  and  notice  thereof 
given  to  the  Governor  of  the  State. 

Sec.  17.  Be  it  further  enacted,  That  the  Missis- 
sippi Mutual  Insurance  company,  doing  business  at 
Aberdeen  in  this  State  is  hereby  invested  with  all       Missis- 
the  rights  and  privileges  herein  granted,  subject  to  sippi  Mu- 
all  the  penalties  and  restrictions  in  this  aet  provi-  j^*l.g^^" 
vided,  and   may   do   a  banking  business  on   the 
amount  of  tlieir  capital  stock  actually  paid  in  and 
their  profits  reserved.    The   stockholders   in  said 
company  may  increase   their   capitol   stock    to   a 
sum  not  exceeding  two  hundred   thousand  dollars,  . 

which  shall  be  the  limit  of  their  entire  capital  3^0^^*200- 
whether  paid  sul)Scriptions  or  reserved  profits  ;  qoo. 
Provided,  That  the  bonus  paid  to  the  State  by  said 
company  shall  l)ear  the  same  proportion  to  its  capi- 
tal that  the  bonus  to  be  paid  by  the  Columbus  Life 
and  General  Insurance  Company  bears  to  the  capi- 
tal of  the  same. 

Sec.   18.  Be  it  further  enacted,  That  the   insu-     Fire  and 
ranee  companies  to  whom  l)ankinff  privileges  are         'f^^' 
herein  granted,  shall  not  take  any  fire  or  life  insu-  i^^qj^\ 
ranee  risks,  at  any  time,  to  any  amount  exceeding  the 
reserved  profits  and  unpaid  dividends  of  said  com- 
panies during  the  time  for  which  banking  privileges 
are  herein  granted. 

Sec.  19.  Be  it  further  enacted,  That  nothing  in 
this  act  contained  shall  be  construed  to  take  away 
from  the  Legislature  the  power  to  tax  the  capital 
stock,  or  issue  of  said  corporations,   in  whatever 
manner  or  in  whatever  amount  shall  be  deemed  to 
the  best  interest  of  the  State  ;  Provided,  That  tlie       Capital 
tax  levied  shall  never  be  at  a  lighter  rate  tlian  for  stock,how 
other  loaned  money  in  this  State  ;   Jind   Provided  taxed. 
ako,  That  when  such  tax  is  levied   the   company 


296  LAWS  •?  MiseisaiPM. 

shall  be  discharged  from  paying  any  bonus  to  the 
State. 

Sec.  20.  Be  it  further  enacted,  That  all  acts 
and  parts  of  acts  which  conflicts  with  the  provisions 
of  this  act  are  liereby  rendered  inoperatire  so  far 
as  they  affect  this  charter  and  no  farther. 

J.  P.  SCALES, 
Speaker  of  the  House  of  Representatives. 
JAMES  DRANB, 

President  of  the  Senate. 
Approved  January  25,  1862. 

JOHN  J.  PETTUS. 


[CERTIFICATE.] 

Secretary  of  State's  Office, 

Jackson,  Miss.,  March.  6,  1862. 

This  is  to  certify  that  the  foregoing  printed  Acts,  Resolu- 
tions and  Memorials,  passed  at  a  regular  session  of  the  Legis- 
lature of  the  State  of  Mississippi,  held  in  Jackson  in  the 
months  of  November  and  December,  1861,  and  January 
1862,  are  just  and  true  copies  from  the  originals  in  the 
oflSce  of  the  Secretary  of  State. 

Given  under  my  hand,  and  the  great  seal  of  the  State  of 
P  1  of  Mississippi,  the  day  and  year  first  above 
'-  ■    '^    written. 

C.  A.  BROUGHER, 

Secretary  of  State. 


INDEX. 

GENERAL  AND  PUBLIC  ACTS. 

[A] 

AGRICULTURAL  STATISTICS— 

President  of  Agricultural  Bureau  to  furnish 

blank  forms  ^ 227 

Secretary  of  State  to  have  blanks  printed. .  .  227 

Blanks  furnished  to  assessors 227 

Assessors  to  return  blanks • 227 

Interrogatories  to  be  answered.  • 227 

ALIEN  ENEMIES— 

In  relation  to  suits  when  plaintiffs  are 272 

APPROPRIATIONS— 

Five  hundred  thousand  dollars 49 

For  indigent  families  of  Volunteers 53 

For  Hospitals 57 

For  the  benefit  of  families  of  Volunteers. ...  96 
To  arm  Capt.  Pinson's  Cavalry  Company.  . .  99 
To  arm  Capt.   Geo.  ]>arnes'   Cavalry  Com- 
pany   99 

For  the  relief  of  the  third  Battalion  Missis- 
sippi Volunteers 103 

To  repair  Governor's  ^lansion 122 

For  the  expenses  of  the  funeral  of  Col.  E.  R. 

Burt 131 

For  defense  of  the  Sea  Coast 134 

"     benefit  of  Capt.  J.  T.  McBee 145 

"         "         '•  tlie  Panola  Cavalry 205 

"  the  Tillatoba  Greys 205 

"  Military  purposes  generally 229 

"  benefit  of  the  Tislioraingo  Rangers 25f> 

"       Polk  Rangers 258 

•'  Missis.«!ip}>i  Ilosjutals 202 

Making  certain  265 

Julienne.  L 265 


300  INDEX. 

APPROPRIATIONS— 

Yirden,  A 265 

Taylor,  James 265 

Morey,  J.  B , 265 

Sizer,  J.  S.. . ./.  .y. .  (.1 . . U;.  A 265 

George,  3.Z..:.,^.::\..il.^ 265 

Strauss,  1 265 

Cooper  &  Kimball , , 265 

Saunders,  Mrs.  M 266 

Daniels,  James -^ .  266 

Moore,  C.  A ...266 

Making  certain 283 

Rogers,  J.  E 283 

Julienne,  L 284 

Morey,  J.  B 284 

Moore,   C.  A.... 284 

Sizer,  J.  S .]....   284 

Lee,  B.  B.  C ' ....:..   284 

Dickson,   C.  R 284 

Buck,  R.  L ..: 284 

Conwell,J.C .' 284 

Daniel,    J 284 

Saunders,   Mrsi  M.  ......■.............=...   284 

Cooper  <fe  Kimball 284 

Power  &  Cadwallader ...........   284 

Malone,  T 284 

Harris,  Mrs.  A.J , 284 

Anderson,  V.  A.  W 285 

Bradford.... ....: '...   285 

Livingston,  S 285 

Kennon,   Mrs.  M ....'.   285 

Price,  Mrs... • 285 

For  printing  Treasury  Notes 286 

ARMS— 

To  provide  for  the  collection  of .  .  •  .  • 232 

Duties  of  Shcriflfs 232 

Fine  for  failing  to  deliver  arms 232 

Guns  to  be  numbered. ........  ^ 232 

Yalue  of  guns 233 

Inspector  appointed 333 

Pay  of  SheriflF  and  Commissioners 233 

Deputy  Sheriff  required  to  give  bond. 234 

Proclamation  to  issue 234 

ASSESSORS— 

To  report  to  board  of  trustees 261 


INDEX.  801 

AUDITOR— 

Pro  rata  distribution  to  be  made  by 53 

To  cancel  certain  warrants  .... 103 

[B] 
BANKS— 

To   incorporate   the   Bank   of  Jackson   and 

other  banks 147 

Caf)ital  stock  of  the  Bank  of  Jackson 147 

Appointment  ol  Commii^sioncrs 147 

Surety  to  be  given  by  ^subscribers  to 147 

.   Affidavit  to  be  approved  by  Probate  Judge.  .    147 

Form  of  note 147 

Form  of  affidavit 14S 

Cotton  free  from  all  lisibilitic.- 148 

Absent  parties  may  sul)scribe  io  . 140 

When  public  notice  to  be  given 149 

Directors  to  be  elected 149 

Term  of  office  .  .■ 149 

Term  of  charter 149 

Seal  to  be  used  by. 149 

When  meeting  o*  stockholders  cannot  beheld  150 

No.  of  shares  entitled  to  one  vote 150 

When  general  meeting  sl)all  be  held 150 

Salary  of  President  and  Cashier 160 

Stock  transferable 151 

Title  to  cotton,  when  vested  in 151 

Lists  to   be  sent  to  Probate  CLiks  and   re- 
corded      151 

■:  Subscribers  responsible  for  damages 152 

Penalty  for  fraudulently  attempting    to  re- 

moove  cotton 152 

To  replace  cotton  destroyed  by  fire 152 

Binding  upon  heirs,  administrators,  &c 158 

When  cotton  to  be  sold 153 

Penalty  for  refusing  to  forward   cotton  to 

ordti-. .•...;    .. 153 

Factors  may  be  changed 154 

Cotton,  how  shipped  '. 154 

To  deal  in  drafts,  notes,  bills  of  exchange,  &c  154 

Rate  of  interest  .  u  .    .' 154 

Wiien  placed  under  protest 154 

When  to  commence  specie  payment      155 

Certificate  of  stock  to  be  i^^sii  d  • . .    155 

Directors  not  to  ref.  se  sub-criptions 155 


302  INDEX. 

BANKS— 

Extent  of  circulation 155 

To  what  extent  stockholders  are  liable 15(> 

Qualifications  to  be  Director 150 

Record  book  to  be  kept 156 

Penalty  for  overissue • •.••..   156 

Oath  of  Cashier 156 

No.  of  Directors  to  constitute  a  board 157 

When  list  of  Stockholders  to  be  filed 157 

Length  of  time  small  bills  may  issue 157 

Notes,  when  payable 157 

Cashier  to  endorse  protested  bills .... .    158 

Penalty  for  refu4ng  to  endorse-  . . . .  • 158 

How  taxed 158 

Stockholders  required  to  give   good   security  158 
President  andcasliier  to  what  extent  liable. .    158 

^  Directors  may  sell  stock 159 

Public  advertisement  to  be  given  . ; 159 

Limit  of  indebtedness  of  any  one  person. . . .    159 

State  Treasurer  to  furnish  a  statement 159 

How  published 160 

President  to  make  statement  to  Governor..   160 
Governor  to  appoint  persons  to  examine  books  160 

Penalty  for  making  false  return 160 

Penalty  for  making  false  entries 161 

Provisions  of  act  to  extent  to  other 161 

Other   banks  established 151  and  162 

Their  location 161  and  162 

Capital  stock - 161  and  162 

Treasury  notes  to  be  received  by 162 

Penally  for  refusing  said  notes  at  par 162 

Trustees,  when  appointed 163 

Notes  receivable  for  taxes 163 

Small  notes  may  issue 278 

Bills  under  one  dollar  subject  to  provisions  of 
Revised  Code 278 

BOARDS  OF  police- 
To  examine  the  official  action  of  commission- 
ers of  swamp  lands,  &c.,  in  this  State. . . .  123 

To  employ  counsel 124 

To  use  swamp  land  fund 126 

Counties  excepted 126 

To  prohiljit  improper  allowances 245 

Penalty   for  violation 245 


INDEX.  305 

BOOKS  FOR  THE  BLIND— 

Board  of  Trustees  empowered  to  locate  pub- 
lishing bouse  for  printing 81 

[C] 

CHANCERY  COURTS— 

In  relation  to  testimony  in  certain  cases  in . .  275 

CIRCUIT  COURT— 

For  the  relief  of  the  Judnes  of  the 266 

COMMODITIES— 

To  prevent  unreasonable  speculation  in  certain  144 

Penalty  for  violation 144 

CONFEDERATE  STATES  COURTS— 

To  provide  for  the  accommodation  of  the . .  275 

CONFEDERATE  STATES  TAX— 

To  provide  for  the  pnyment  of  the 136 

Governor  to  borrow  money  to  pay  the 136 

Certificates  of  stock  to  issue 136 

Interest,  when  payable 137 

Bonds  negotiable 137 

Separate  accounts  to  be  kept ; 137 

Duties  of  county  tax  collectors 137 

Claims     against     Confederate    States,   how 

applied 138 

To  prohibit  bv  proclamation  the  collection  of 

the ■ 138. 

CONSTITUTION— 

Bill  of  rights,    equality  of   rights,    political 

power,  and  right  to  change  government,..  16' 

Religious  worship  free  to   all, 17 

No  preference  given, 18 

Truth  to  be  given  in  evidence, 18 

Security  of  person,  <fcc.,  from  search  warrant . .  18 

Accused  how  heard  and  convicted. 18 

Proceedings  in  indictable  oflcnces, 19 

Life,  etc.,  not  to  be  put  twice  in  jeopardy  for 

tlie  same    offence 19 

Justice    to  1)0    administered  to  all    without 

sale,  &c., 19 

Power  of  suspending  laws,  <fec., 19 

Excessive  bail  not  to  be  required, 19 

Bailable  offences 19 

When  debtor  not  i-t  !ic  imprisoned, 19 

No  conviction  shall  work  corruption  of  blood  19 
No  ex  post  facto  law,  etc.,  eligibility  to  office, 

estates  of  suicides, • 2  J 


304  INDEX.  , 

CONSTITUTION— 

right  of  petition — to  bear  arms, 20 

No  standing  army,  no  soldiers  to  be  quar- 
tered,   20 

No  hereditary  emoluments,  etc., 20 

Emigration  act  to  be  prohibited, 20 

Trial  by  jury,  prosecuting  or  defending  suits,  20 
Tenure  of  office,  these  powers  excepted  out 
of  the  general  powers  of  the  government, 

distribution  of  powers, 20 

One  department  to    infringe   the  powers  of 

another,  legislative  department, 21 

Qualified   electors 21 

Electors  free  from  arrest, 22 

First  election  by  ballot,   others  regulated  by 

law, 22 

Legislative  how  vested  and  style  of  laws, ....  22 
Members  of,  how  chosen,  when  chosen,  qualifi- 
cations where  held, 22 

Cities,  &c.,  when   entitled  to  separate  repre- 

'sentation, 22 

Enumeration  and  apportionment, 23 

The  number  of  representatives,  etc.,   23 

Senators,  how  apportioned,  senators  how 
chosen  when  two  or  more  counties,  sena- 
tors' qualifications, 22 

Officers  of  senate  and  house  of  representatives,  22 

Quorum,  power  to  send  for  absentees, ,  23 

Power  to  expel,  make  rules,  (fee, 23 

Journals  and  right  to  call  yeas  and  nays  by 

three  members, 24 

Vacancies   in   either    house    how  filled, ....  24 
Senators  and  representatives  free  of  arrest, .  24 
Power  to  punish  persons  not  members,  etc., . .  25 
Doors  of  each,    liouse  to  be  kept  open,   ex- 
cept, &c., 25 

Adjournment,  bills  how  originated,  etc., 25 

Compensation  of  members, 25 

Eligibility  ol  members  to  offices  created,...  25 
Officers  of  this  State  and  Confederate  States 

not  eligible, 26 

Defaulters  not  eligible, 26 

First  election  for  senators  and  representatives, 

seat    of  government, 26 

Residence  of  public  officers, 26 


^INDEX.  305 

CONSTITUTION— 

Judicial  department,  power  where  vested, 26 

-  High    Court  of    Errors    and  Appeals    how 

elected,  terra  of  office, 27 

Jurisdiction, 27 

Vacancies  how  filled,  qualification  of  judges, 

'"^        court,  where  held, 27 

First  election  terms  fixed  by  lot, . .  27 

Where  Judges  disqualified  to  try,  and  others 

appointed  in  such  case,   27 

Salaries  of  judges  of  high  court, 28 

Circuit  court,  judge  how  elected,  term,  etc.,.  28 

Qualifications,    circuits,    jurisdiction, 28 

Courts  where  and  how  often  lield, 28 

Judges    to    interchange    circuits,   compensa- 
tion,        28 

Chancery  court,  jurisdiction,  style  of  process, 

etc., 28 

Court  of  probates,  jurisdiction,  how  elected,  29 

Clerks  of  courts,  how  appointed, 29 

Board  of  police,  jurisdiction,  clerks,  qualifica- 
tions  of  members  of  police,  vacancies, ...  29 

Conservators  of  the  peace, 29 

Justices,  constables,  manner  of  election,  tenure 

of  office,  etc., 29 

Power  of  legislature  over  inferior  coui'ts, ....  30 

Attorney-general,   contested  elections, 30 

Removal  of  judges,  officers  indictable,. 30 

Executive,  term  of  office,  how  elected, 30 

In  case  of  tic,  contested  election, 31 

Commander-in.chief, 31 

May  require  information  of  officers, 31 

May  convene  and  adjourn  legislature 31 

Governor  to  give  information  to  legislature,  32 

See  laws  executed,  pardon  offences,  etc., 32 

Commissiom  how  issued,   seal  of  State, ....  32 

Vacancies  how  filled, 32 

Secretary  of  state  how  chosen, 32 

Governor  to  sign  bills  or  return  with  objec- 
tion,   32 

Bills  returned  how  disposed  of 33 

What  action  of  the  legislature  to  be  approved 

by  the  governor, 33 

When  office  of  governor  vacant  who  to  act, 

further  provisions  for  same, 33 

L— 29 


816  INDEX. 

CONSTITUTION— 

Compensation  of  acting  governor, 84 

County  officers, 34 

Treasurer  and  auditor  how  chosen, ..." 84 

Militia  officers,  how  elected,  power  of  govern- 
or over,  35 

Impeachment,  extent  of,  who  liable  t^* 35 

General  provisions,  oath  of  office, 35 

Legislature  pass  laws  to  prevent  duelling,' .  35 

Treason,  conviction  for,  how  had, 35 

Bribery  at  elections  punishable, 35 

Convicts  for  bribery  to  be  excluded  from  office,  35 

Free  suflFrage  how  maintained 36 

Atheist  not  to  hold  office, 36 

Laws  when  to  take  effect, 36 

'                Money,  how  drawn  from  the  treasury, 36 

How  appropriated  to  internal  improvement,  36 

State  loans  how  effected,' 86 

Legislature  to  authorize  State  to  bo  sued, ....  37 

Citizenship,  absence  from  State, 37 

Deductions  from  salaries  of  officers,  etc . .  .  87 

Who  disqualified  from  office, 37 

Schools  and  education, 37 

Divorces,  how  obtained, 37 

Election  returns,  new  counties, 37 

Indians  admitted  to  citizenship,, 37 

Emancipation, 38 

Emigrants  may  bring  slaves  with  them, 38 

Slaves  convicted  of  crime  not  to  be  imported,  34 
Laws  may   be  passed  for  the  treatment  of 

slaves, 38 

Laws  may  regulate  introduction  of  slaves, ...  38 

Certain  crimes  in  slaves  how  tried, ...  38 

Constitution  how  revised,  amended,  etc 39 

Schedule,  rights  vested, 39 

Suits  in  law  and  equity,  how  transferred, ....  39 

Laws  in  force, 3* 

First  election  under  this  constitution, 39 

How  long  officers  first  elected  to  office, ....  40 

AMENDMEJrrS. 

Regulating  the  introduction  of  slaves, 40 

Board  of  police,  how  constituted, 41 

Powers  of  board  of  police 41 


INDBX.  301 

CONSTITUTION— 

Chancery  jui-isdiction,  its  powers  transferred,  4t 

Extention  of  term  of  office, -11 

Additional  bond  required, 11 

Time  of  holding  general  election, tf 

In  relation  to  terms  of  office  of  membera  el" 

the  legislature 4S 

Amendments  by  the  State  Convention, 4iS 

Ordinance  to  amend,.. •U 

[DJ 

DEFENSE  OF  THE  COUNTY— 

To  provide  for  the 2M 

Ton  thousand  troops  called  out 231 

Term  of  service 236 

Draft,  when  to  be  ordered 228 

Pay 2M 

Appropriation  for  military  purposes 2^ 

Troops  for  two  years 229 

Governor  to  adopt  regulations 23P 

DIVORCES— 

Additional  cause  for  obtaining 246 

[E] 
ELECTIONS— 

Opening  and  closing  of  polls IM 

Pay  of  officers 198 

evidence- 
To  amend  the  law  of 135 

Certain  persons  competent  witnesses 136 

[F] 
FORFEITURES— 

Postponement  of  the  collection  of lOS 

[G] 

GOVERNOR— 

In  relation  to  Prirate  Secretary  of 2$0 

To  employ  additional   clerks 291 

GOVERNORS  MANSION— 

Appropriation  to  repair I2t 


308  INDEX. 

[H] 

HIWKING  AND  PEDDLING- 

To  prevent 195 

Penalty  for  violation 19fi 

HOSPITALS— 

To  provide  for  the  establishment  of  hospitals 

for  Mississippi  troops 56 

Agents  to  be  appointed 56 

Where  to  be  located 5fi 

Duty  of  agents 57 

Troops,  how   admitted 57 

Agents  to  make  returns  monthly. 57 

Appropriations 57 

Depots  for  freight 57 

Pay  of  agents,  physicians  and   nurses 57 

Appropriation  for  liospital  atWarrenton,  Va.  58 

Supplemental  act  for  benefit  of 262 

Appropriation   for 262 

[I] 

INSURANCE  COMPANIES— 

To  amend  the  charter  of  the   Columbus  Life 

and  General,  and  the  Mississippi  Mutual. .  288 
Notes  to  circulate  as  money,        -        -        -289 

Stockholders,  how  held,            -        -        -  289 

President  and  directors,  when  liable,    -        -  289 

Penalty  for  over  issue,     -        .        -        .  290 

Denomination  of  bills  to  be  issued,      -        -  290 

When  to  redeem  in  gold  and  silver,          -  290 

Rate  of  interest, 291 

Bills,  when  and  liow  protested,         -        -  291 

Interest  on  protested  bills,           -        -        -  291 

Penalty  for  refusing  to  note  the  protest,  291 

When  injunction  to  issue,         -        -         -  292 

Receiver,  when  to  be  appointed,          -        -  292 

Injunction  dismissed,        .        .        _        .  29'6 

Order  of  payment  in  case  of  Insolvency,      -  293 

Dividends, "     -  294 

Directors  may  call  a  meeting,      -        -        -  294 

Report  to  Auditor,  when  and  how  made,  -  294 

Capital  may  be  increased,    ...        -  294 
Mississippi   Mutual,    invested    with  all    the 

rights  and  privileges  herein  granted,        -  295 


INDEX.  30f 

INSURANCE  COMPANIES— 

Capital  stock, 296 

Fire  and  life  Insurance,  how  taken,      -  -    295 

Capital,  how  taxed,          ....  295 

[J] 

JEFFERSON  COLLEGE— 

Persons  claiming  land  under  floats  of 87 

LAND  OFFICE— 

For  the  relief  of  the  Register  and  Receiver  of 

the  Washington  Mississippi 1^5 

LEATHER — 

To  encourage  the  Manufacture  of 114 

LEGAL  NOTICES— 

In  relation  to  the  publication  of 264 

Copy  of  order  to  be   mailed 264 

LIMITATIONS— 

Suspension  of  tlie  statute  of . .    234 

LUNATIC  ASYLUM— 

For  the  support  of . .  .- 104 

Relating  to  claims  against 219 

In  relation  to  the 274 

Trustees  of  tlie 274 

Accounts  to  be  kept  separate , 274 

Appropriation,  when  payable, 274 

Contingent  fund 274 

Pay  patients  may  be  discharged 274 

[M] 

memorial- 
To  the  Congress  of  the  Confederate  States. .  221 

MILITARY  BOARD— 

To  abolish  tlie 142 

MILITIA  LAW— 

To  revive  and  reduce  into  one  the  militia  and 

volunteer  laws  of  this  State 165 

Election  of  Major  and  Brigadier  Generals.  . .  165 

Term   of  office, 165 

Vacancies,  how  filled 165 

General  muster 165 

Company  officers  t»  be  elected 166 

Fines. . .'.  • 166, 170,  171,  174 

R«piments  to  be  formed 166 


^0  INDEX.  '^k^mi- 

WLITIA  LAW— 

Regimental  officers  to  be  elected 16$ 

Vacancies  .    167 

Term  of  company  and  regimental  officers 167 

Penalty  for  refusiog  to  serve  as  clerk  of  elec- 
tion   167 

Powers  of  major-general 168 

Enrollers  to  be  appointed 168 

Pay  of  enrollers 168 

Persons  failing  to  perform  duties  faithfully 

liable 168 

Draft  to  be  ordered. .    168 

Tickets  for  drawing  to  be  prepared 168 

What  numbers  to  constitute  the  draft 169 

Substitutes 169 

Persons  to  report  themselres  for  enrollment , .  169 

Penalty  for  failing  to  report 169 

Who  to  appear  at  drill 169 

Guns  to  be  kept  in  good  order 170 

Fines  how  collected  and  expended 170 

When  to  drill 170 

Penalty  for  not  keeping  guns  in  good  order. .  171 

Court-martial  to  consist  of 171 

Militia,  how  organized 171 

Appointment  and  rank  of  officers 172 

Brigade  and' regimental  staff  officers 172 

Term  of  staff  officers 172 

Oath 172 

Non-commissioned  officers  appointed 173 

Penalty  for  being  absent  without  leave 178 

Duties  of  the  major-general 173 

Salary  of  adjutant-general 173 

Of  Quarter  master  general 174 

Companies  to  consist  of 174 

When  considered  as  mustered  into  service.  . .  174 

Subject  to  be  transferred 174 

Election,  how  held 174 

Volunteers  exempt ■ 175 

Troops  for  Confederate  service 175 

Major-general  to  form  volunteers  into  battal- 
ions, (fee 175 

Field  officers,  how  elected 175 

Persons  excepted  from  the  provisions  of  the. 

175  and  176 

Former  acts  repealed 176 

One  thousand  copies  to  be  printed 176 


IVDBX.  311 

MILITIA  LAW— 

Company  courts  martial 177 

Members  "vrhen  not  challenged 177 

Court,  when  to  be  adjourned 177 

Oath  of  members 177 

Jurigdiction 177 

Ca.«ies  taken  up  in  order 178 

Fine,  when  remitted 178 

Appeal  to  regimental  court, 178 

Petitions  to  be  transmitted, 178 

Regimental  courte  martial, 178 

Oath  of  members, ,   178 

Jurisdiction, v 179 

Returns  of  officers  good  evidence, 179 

Appeals  to  brigade  court • 179 

Brigade  courts  martial, 179 

President  of  the  court, 179 

Oath  of  members, 179 

Jurisdiction, 180 

Raturns  evidence, 180 

Appeal, 180 

Petition  and  bond, 180 

Notes  of  evidence  furnished, 180 

Courts  of  Inquiry, 180 

How  composed, 180 

Court  for  brigadier  general, 181 

Trial  of  major  general, 181 

Trial  of  adjutant  or  quarter-master  general,.   181 

Other  special  courts'  martial, 181 

Copy  of  charges  delivered, 181 

Vacancies  in  court  supplied 181 

President,  how  challenged 181 

Oath  of  membersi 1 82 

Proceedings  kept  secret 182 

Sentence  of  court 182 

Sentence  to  be  approved, 182 

Transmitted  to  Adjutant  (leneral 182 

Rules  of  proceeding 182 

Appeal  to  Commander-in-chief 185 

Process  for  witness 183 

Oaths  administered  and  order  kept 183 

Witnesses  fined ._ 183 

Persons  committed  for  conteihpt 184 

Form  of  warrant 184 

Duty  of  Jailor 184 

Who  to  preside  when  President  absent 184 


312  INDEX. 

MILITIi.  LAW— 

Special  Judge  Advocate  appointed.  ,..•.,.,  184 

Marshals  appointed.. 184 

Duties  of  Marshal 184 

Duty  of  President  on  appeals, 185 

Officers  cognizable  by  courts-martial, 185 

Fines  of  Brigade  Staff, 185 

"     of  Colonel, : 185 

"     of  Lieutenant-Colonel  and  Major, 186 

•'     of  Captain 186 

"     of  Lieutenant 187 

''     of  Regimental  Staff. 187 

"     of  Orderly  Sergeant, 187 

"     of  other  non-commissioned  officers,  ....  187 

"     of  privates 188 

"     for  not  holding  election, 189 

Members  not  liable  to  be  sued 189 

Warrant  to  issue  for  lines, 189 

Fines  of  minors,  how  levied, 189 

Constable,  how  to  proceed, 189 

Warrants  renewed, 189 

Money,  to  whom  paid  over, ...  190 

Warrant  from  Eegimental  Court, 190 

Duties  of  Sheriff  thereon, 190 

Money  paid  over, 190 

Alias  warrants, 190 

Money,  how  expended, •  191 

Warrant  from  Brigade  Court, " 

Duties  of  Sheriff, " 

Money,  how  expended, " 

Fees  on  Brigade  Count-martial, " 

"  of  Brigade  Inspector  and  Aid, 192 

Allowance  to  Brigade  Quarter-master, " 

Fees  on  Regimental  Courts-martial, 192 

"  ol  witnesses  accused, " 

Supplemental  to  the •  19S 

Enrollers,  how  appointed, " 

Enrolling  officers  to  act  as  Captains, " 

Salary  of  Major-General, 194 

"     of  Adjatant-General, " 

Quartermaster  to  employ  clerks, " 

Pay  of  clerks, " 

Salary  of  Chief  of  Ordnance, " 

Persons  exempt, " 


INDEX.  313 

MINORS— 

To  remove  the  civil  disabilities  of  minors,  in 

certain  cases, 207 

Former  acts  of,  legalized, 208 

[P] 

PENITENTIARY— 

In  relation  to, 279 

Accounts  how  kept, 279 

When  year  to  commence  and  end, 280 

Office  of  clerk  where  kept, 280 

PERSONAL  PROPERTY— 

Not  to  be  removed  beyond  the  limits  of  this 

State, 73 

Penalty  for  removing  said, 73 

POLICE  COURTS— 

To  regulate  the  action  of, 280 

Penalty, 282 

PRINTING— 

To  amend  code  in  relation  to, 236 

PROBATE  COURTS— 

In  absence  of  Judge  who  to  adjourn, 258 

[R] 

RAILROAD  COMPANIES— 

Notes  to  circulate  as  money  may  be  issued  by,     79 

Amount  issued  by  each, , , , 79 

Where  to  redeem, 79 

Penalty  for  refusing, 79 

How  to  be  redeemed, 80 

Penalty  for  over-issue, .  • 80 

"        for  counterfeiting, 80 

New  Orleans,  Jackson  and  Great  Northern 

Railroad  authorized, 80 

When  to  take  effect 80 

Books  to  be  printed, 81 

Money  issued  by,  to  be  received  at  par  by 

other, 81 

Amount  to  bo  issued  by 212 

Offices  where  located, " 

Notes,  their  denomination  and  when  redeem'd  " 
Penalty  for  refusing  to  receive  notes  of  the 

different, 21* 


314  iNDax. 

RAILROAD  COMPANIES— 

When  to  take  effect, 213 

President  to  make  oath  not  to  over-iseue, ....     ** 

In  case  of  refusal  to  redeem, 214 

Memphis  and  Tennessee,  to  construct  branck 

road, 234 

Location, " 

City  of  Jackson  may  subscribe, ** 

When  to  commence  construction  of  road,. . .  235 

Right  to  construct  bridges " 

Privilege  conferred, ** 

To  amend  act  authorizing  the  issue  of  money 

by, 258 

Granting  public  lands  to  Gulf  and  Ship  Is- 
land,     248 

Extent  of  grants, 248 

Lands  when  sold, 248 

Mortgage, 249 

Former  grants  confirmed, 249 

Registers  to  make  out  certified  lists, 250 

Deed  for  lands, 250 

To  amend  act  incorporating  Mississippi  Centl  263 
Company  may  become  purchaser, 263 

RECORDS— 

Superior  Court  of  Chancery,  how  kept, 83 

RESOLUTIONS— 

Appointing  delegates  to  Southern  Planters' 

Convention, 66 

Appointing  committees  to  examine  the  various 

public  offices, 68 

Compensation  of  committee, 68 

In  relation  to  the  battle  of  October  21,  '61 . .  68 
Joint — to  fill  vacancy  in  provisional  Congress  69 
For  the  promotion  of  political  and  material 

independence, 77 

Other  States  invited  to  join, 77 

In  relation  to  the  shipment  of  cotton, 218 

Relating  to  Lunatic  Asylum, 219 

In  relation  to  the  women  of  the  State  and 

Confederate  States, 220 

In  relation  to  the  twelve  months  volunteers . .  220 
Joint — authorizing  the  Governor  to  send  can- 
non to  L.  Polk, 230 

REVISED  code- 
To  amend  sixty-second  chapter  of, 239 

"      "      Art.  eleven,  section  four,  of 246 


INDKX.  316 

REVISED  code- 
To  amend  chapter  sixty,  of, 258 

"       "       section  five,  chaptor  three,  of, 261 

"       "  "        three,  chapter  forty-eight  of,  272 

•*      "       chapter  64,  section  10,  ol, 278 

ROAD&— 

To  regulate  the  laying  out  and  working  of,.  ,   131 
Justice  of  the  Peace  to  certify  to  list  of  de- 
faulters,       " 

District  Attorney  to  institute  suit, ** 

[S] 

SCHOOL  FUNDS— 

President  of  Board  of  Commissioners  to  quali- 

IV  their  own  body, 199 

For  the  relief  of  debtors  to, 200 

SEA  COAST— 

For  the  protection  of  the, 133 

Steam    gunboats    to    be    procured    for    the 
defense  of  the, 134 

SECRETARY  OF  STATE— 

Certificate  of, 297 

SHERIFF— 

Persons  eligible  to  the  office  of, 84 

Deputies  may  execute  bond  and  perform  du- 
ties of, 248 

SLAVEi— 

To  reside  within  one  mile  of, 82 

Penalty  for  violation, 82 

To  provide  for  the  payment  of  costs  against,  201 
Accounts  how  paid, 201 

STAY  LAW— 

Judgments   of  forfeitures   upon  bonds,   etc., 
collection  postponed, 109 

STATE  TREASURY— 

To  regulate  the  payment  of  certain  moneys 

into  the, ' 143 

Warrants  on  the,  how  cashed, " 

Money  to  be  deposited  in  the,    ** 

Penalty  for  violation, 144 

STATE  UNIVERSITY— 

Trustees  of, 134 

How  elected, » " 

Tenure  of  office  of  trustees  of, 136 

Vacancies  in  lioard  how  filled, '* 

Powers  of  trustee.^ ** 


316 


INDEX. 


STEAMBOATS— 

Li  relation  to  the  landing  of  freight  from,..  254 

Where  to  be  placed, 254 

Penalty, 254 

When  freight  at  risk  of  boats, .............  254 

Damages ....  054 

SUPERIOR  COURT  OF  CHANCBRyU 

Records  of,  how  kept,. .. .  83 

SWAMPXAND  COMMISSIONERS—    

Boards  of  Police  to  examine  official  action  of,  124 

Result  of  examination,  how  recorded, " 

Counsel  to  be  employed,. « 

In  case  of  frauds « 

Quorum  to  do  business, 125 

Penalty  for  failure  to  institute  proceedings,. .  " 

Counties  excepted, 126 

[T] 

TAXES— 

To  prevent  the  collection  of  Double 95 

Penalty  for  collecting  double " 

To  extend  the  time  for  the  collection  of. 106 

Compensation  of  collectors  of " 

To  prohibit  the  collection  of 134 

To  legalize  the  assessment  of 141 

To  provide  against  the  application  of  any  law 

suspending  the  collection  of  the  military..   164 
Certain  Bank  notes  receivable  for,  163  and  164 

To  extend  the  time  for  the  payment  of. 209 

To  suspend  the  collection  of  the  levee  tax  in 

certain  counties, 223 

Interest  payable  on  levee " 

Property  of  alien  enemies  liable  to 230 

Collection  of,  postponed, 231 

Certificates  to  be  used  as  other  money 231 

Property  how  redeemed  when  sold  for 232 

TITLE  TO  LANDS— 

In  relation  to  evidence  of, 277 

TREASURY  NOTES— 

Powers  conferred  on  Governor  to  issue 45 

To  be  applied  to  military  purposes, 45 

Not  to  bo  sold  under  par, 45 

Receivable  for  taxes, 46 

Not  receirable  for  the  military  tax, 46 

Public  offices  to  receive, 46 


INDBX. 


an 


TREASURY  NOTES— 

Engi'aved  plates  to  be  procured, 59 

Denomination  of  bills, 59 

Form  of  note, 59 

Plates,  how  preserved, 59 

Engraving  and  printing,  how  paid  for, 59 

Amount  to  issue, (iO 

Notes,  how  advanced, 60 

Petition  to  be  presented, 60 

Conditions  of  said  advance, 60 

Form  of  bond, 61 

Judge  of  Probate   to   certify  to   bond  and 

petition, 61 

Bond  to  be  liled, 62 

Amount  advanced, 62 

Fees, 62 

Receipts,  how  filed, 62 

Cotton,  when  to  be  delivered, 63 

Funds  deposited  with  the  Treasurer, 63 

Nota-j,  how  cancelled,- &i 

Provision  for  the  redemption  of  the- 63 

Notes  receivable  for  taxes, •  64 

Treasurer  may  pay  out  said  notes  as  other 

funds, 64 

When  Governor  to  issue  Proclamation, 64 

Property,  how  liable, 64 

Penalty  for  swearing  falsely 64 

"     for  failing  to  pay  said  advance,. 65 

"     for  embezzling  said 65 

Art.  108,  114,  116,  and  116  of  Code,  declared 

a  part  of  this  act, 65 

Auditor  and  Treasurer  to  keep  books,  etc., . .  66 

To  apply  to  cotton  made  in  18GI, 66 

Supplemental  act  to, 244 

Treasury  notes  receivable  for  dues  to  the  State,  244 

Supplemental  act  to, 247 

Notes  to  be  printed  on  electrotypcd  plates.  •  247 

Auditor  and  Treasurer  may  employ  clerks,. .  247 
Executors   and   administrators  may   receive 

advances  of 247 

Applicants  to  pay  for  printing, 248 

Authorizing  the  issuing  of,  on  behalf  of  the 

State, 2«6 

Governor  to  contract  for  printing, 286 

112,500,000  to  be  issued, • 286 

Form  of  note, 286 


*18  INDBOC. 

TREASURY  NOTES— 

Denomination, 286 

Military  fund  created,      -        -        ♦        -  286 

How  funded,       --.-..  287 

How  cancelled, 287 

For  what  receivable,          -        .        ►        .  287 

Appropriation  for  printing,      -        -        -  287 

Bond  to  be  executed,           ....  288 
Auditor  and  Treasurer  to  employ  additional 

Clerks, 288 

Compensation  of  Clerks, 288 

[V] 
VOLUNTEERS— 

Proclamation  to  is.sue,  calling  for,        -         -  ^48 

Term  of  service, 48 

Muster-rolls  to  be  returned  to  AdjutantrGen'l,  49 

Appropriation  of  $500,000  for          -        -  49 

Warrants  may  issue  as  Governor  requires,     -  49 

Governor  clothed  with  full  powers,            -  49 

Tax  for  support  of  destitute  families  of        -  49 

Duty  of  Board  of  Police,          -        -        -  53 

Pro  rata  distribution  to  be  made,          -        -  53 

Boards  of  Police  may  issue  warrants,        -  54 

Duty  of  Sheriff, 54 

Gold,  silver  and  current  bank  bills,  etc.,  54 
Sheriff  to  pay  money  to  county  treasurer,  54 
Balance  to  be  paid  to  Auditor,       -        -        -  54 
County  treasurer  may  draw  from  State  treas- 
ury,         56 

Bond  of  County  Treasurer,       -        -        -     -  55 

Board  of  Police  to  appoint  commissioners,  55 

Tax,  when  revoked, 56 

County  treasurer  and  clerks   of  Boards  of 

Police  to  keep  accurate  accounts,    -        -  56 

Companies  in  Confederate  service  to  bejarmed,  85 
Money  arising  from  sale  of  estrays,  runaway, 
etc.,  in  Jones  county,  applied    to  indigent 

families  of 96 

Appropriation   to   arm  Capt.  Pinson's  com- 
pany of  Dragoons,         -        -        •        -  99 
Appropriations  to  arm  Capt,  George  Baraes 

company  of  Cavalry,      -        .        -        .  100 

For  the  reli'^f  r.f  u\f}  Zd  Mississippi  Battalion,  103 
To  equip  Capt.   W .  G.  Middioton's  company 

of  Cavalry,         .        *        •        •       ■  205 


IKDHX.  310 

VOLUNTEERS— 

To  equip  W.  S.  Eskridgo'a  Tillatoba  Groys,  205 
Ten  thousand  called  out,  ...  -  228 
Term  of  Serrice,  -----  228 
Troops  for  two  years,  ...        -     229 

Regulations, 230 

To   refund   certain   money's  contributed  for 

use  of, 236 

To  arm  and  equip  Capt.  E.  G.  Wheeler's  Ca- 
valry Company, 258 

To  arm   and   equip   Capt.  J.   W.   Barnett'a 

Company  of  Cavalry,       -        -        -        -     278 
To  arm   and   equip  Capt.    MuldrovrJ^    Com- 
pany of  Cavalry, 273 

Arms,  how  distributed,     .        .        -        ^         273 


LOCAL  AND  PKIVATE  LAWS. 


[A] 

ADAMS  COUNTY— 

Board  of  Police  to   act   as  overseers  of  the 
[loor,        -        -        -  ...      74 

To   amend  act  to   re  u  ;:'(    .l\e  working   of 
roads  ill 86 

E-tablishinc:  fees  of  cei  tiiit  ofni  ors,     -         -     215 
AMITE  COUNTY— 

To  reduce  Ralary  of  Trobato  Judg  of         -         92 
ATTALA  COUN TY— 

Record8   of  Cliancejy,  Circuit   and  Probate 
Courts  and  Boards  of  l^olice  of        -        -       47 

Copies  and  transcripts  to  be  received  as  evi- 
dence.         47 

Compensation  to  Clerk  of  -        -        -        48 

For  the  relief  of  the  Sheriff  and  Treasurer  of    205 

[B] 

•Baldwin,  W.  P.  for  the  Relief  of,  -  -  115 
Baldwin,  W.  D.  for  the  relief  of,  -  -  120 
Brooke,  J.  D.  receiving  charter  for  bridge  and 

turnpike,  granted  to,        -         -        -        -     257 
Charter,  when  to  expire,  -        -        -        267 

BOT,r    *  '     COUNTY— 

i  )guc  Phaliah  declared  navigable  in  -  118 
ronalty  for  obstructing  said  Stream,  -  -  118 
To  increase  the  fee  for  apprehending  slaves  in  1 1 9 
Board  of  Police  to  pay  clerk  for  extra  servicee,  120 
To  suspend  the  collection  of  taxes  in  -        146 

For  relief  of  E.  J.  Coleman,  a  minor  of  29 

Toll-gates  to  be  erected  on  roads,  -  -  240 
For  relief  of  G.  G.  Torry,  of  -        -         245 

BROOKVILLE— 

To  amend  the  charter  of,  ...        75 

L— 30 


322  INDEX. 

BROWNING,  W.  H.— 

For  the  relief  of,       -        -        -      119  and  132 
BRUNGARDE,  Mrs.  E.  S.— 

For  the  relief  of  heirs  of,  ...        259 

BURT,  E   R.— 

To  defray  the  funeral  expenses  of,        -        -     131 
BURT,  Mrs.  LUCY  A.— 

Compensation  to, 222 

[C] 

CALHOUN  COUNTY— 

Treasurer  of  Yalobusha  county   to   pay   to 

Treasurer  of, 91 

To  repeal  an  act  passed  December  3,  1858,  &c.  110 
Fractional  township  entitled,  &c.,  -  -  111 
Justices  of  the  Peace  to  hold  election  in  111 

Ballots,  how  marked,  -  -  -  -  111 
Scht>ol  commissioners  to  appoint  inspectors  in  111 
Duties  and  pay  of  said  inspectors,  •  -  112 
For  the  relief  of  0.  W.  Shipp,  of  -  -  129 
For  the  relie;  of  A.  J   Walker,  -        -    255 

CANTON— 

To  amend  act  incorporating  the  town  of,  1  "8 

Registry  of  Voters,  -         -         -         -         138 

Fees  of  Mayor  and  Marshal,  -  -  '139 
Fourteenth  section  amended,  -  -  -  139 
Rooms  in  Court  house  occupied  by  city  officers,  140 
C'ompensation  of  Mayor  and  selectmen,'  -  140 
Amonnt  of  taxcb  to  be  collected,      -        -        140 

CAVALRY  COMPANY— 

To  aid  in  arming  and  equipping  Capt.  J.  T. 

McBee's, 145 

To  report  to  Quartermaster,     -         -         -         145 

CENTRAL  MISSISSIPPI  FEMALE  COLLEGE— 

To  amend  act  incorporating,        -        -        -     208 

CLARK  FAMILY—  m 

For  the  relief  of  the, 246 

CLARK,  Z.  A.— 

For  the  relief  of • ........    . .      70 

CLARK,  W.  IT.— 

Leive  of  al^ncnce  granted, 78 

CLIFTON.  W.  D..  iiec'd- 

For  the  relief  of 107 


INDEX.  326 

CHICKASAW  COUNTY— 

For  the  relief  of  W.  T.    Huggius  of,   lO^I 

For  the  relief  of  John  White  of, 228 

To  repeal  actto  prohibit  the  sale  of  vinous  and 
spiritous  liquors  in  Houston,   in .  .    SW 

CHOCTAW  COUNTY— 

To  secure  the  payment  of  the  school  fnnd^  in   -^9 
To  remove  the   civil   disabilities   of  Knight 

Edwards  of, '106 

Board  of  Police  authorized  to  borrow, ,26'J 

Warrants  to  issue, '268 

Interest, 26« 

When  redeemed, 2ft8 

Compensation  to  treasurer  and  clerk, 2<ii9 

Commissioners  to  contract  for   leveeing,....    2tt0 

CLARK  COUNTY— 

To  incorporate  tlie  Farrell  B'idgc  Co.  in,. .     90 

Tolls  to  be  fixed  by  Board  of  Police  of, 90 

For  the  relief  of  Thomas  S.  Parker 130 

to  repeal  the  gallon  law  in  the  town  of  Enter- 
prise in, 262 

When  to  take  eflfect, -252 

COLEMAN,  E.  J.— 

For  the  relief  of 219 

COLLINS,  REBECCA— 

For  the  benefit  of, 29ti 

CONNER,  WILLIAM— 

For  the  relief  of, HO 

COTTON  LOAN— 

Governor  authorize  to  issue  certificates   .      ,     46 
Notes  applied  to  military  service 45 

COAHOMA  COUN'IT— 

To  increase  the  fee  for  apprehending  slaves  in.  1|9 
To  suspend  the  collection  of  taxes  for  1862  m,  146 

COPIAH  COUNTY— 

Land  re-torcd  to  market, Il2 

Probate  c  erk    authorized   to   transfer    hist 

will  &c JUl 

To   suspend   thr   collection   of  tlie  common 

school  in, Wl 

To  repeal  act  incorporating  town  of  Gallfttin 

in 2e« 

For  relief  of  Thomas  P.  Lewis  of, 2-i# 

COVINGTON  COUNTY-- 

Treasuier  may  i..an  certain  moneys lOfl 

Compensation  of  Treasurer, •. 105 


W  1 


324  INDEX. 

COX,  F.— For  the  rolief  of, 109 

Board  of  Police  may  order  sale  of  school  lands 

in 202 

Funds,  how  applied 202 

Sheriff  to  pay  over  money 203 

[D] 
©AVIS,  L.  C— 

ior  r<']ief  of.- 104 

DAVIS,  J  DUNCAN— 

For  the  relief  of, 85 

DANSBY.  l-HAM  — 

For  the  relief  :.f 88 

DEASON,  THOS.  W.~ 

For  the   bonetit  of, 133 

DbSOTO  COUNTY— 

For  the  relief  of  L   C.  Davis  of,. 104 

To  suspend  the  collection  of  taxes  for  18(52,  in  145 

[E] 
EDWARDS  GUARDS— 

Chief  of  ordnance  authorized  to  issue  cartridge 

anH  cap  boxes  to, 78 

EDWARDS  KNI  .HT— 

For  the  relief  of, 196 

ENTERPRISE— 

To  repeal  the  gallon  law  in  the  town  of, ... .   252 
HVANS,  AMOS  P.— 

For  the  relief  of, 239 

[F] 
FRANKLIN  COUNTY- 

To  reduce  the  salary  of  theProbate  Judge  of,  127 

OALLATIN— 

To  repeal  act  incorporating  town  ot, 209 

GREEN  COUNTY—  ^      , 

to  amend  charter  of  Vernal  male  and  female 

Academy  of, 76 

Trustees  may  hold  property,   &c 76 

To  reduce  the  county  tax  of, 93 

Inspe  "tors  and  clerks  of  election  of, 93 

Juror?  on  Coroners  inquests, 94 

Pay  of  members  of  Board  of  Police  of, 94 


INDEX.  92S 

GREEN  COUNTY— 

Pay  of  sheriff  aud  clerk  of  chancery  courts  for 

extra  services 94 

Summoning  of  j.irors  suspended   in, 9-1 

Pay  ol   jurors, 04 

Conmiissioncrs  may  loan  school  fund, 1  Q 

to  limit  ihc  county  tax   of. 204 

To  remove  the  civil   disabilities    of  Rebecca 
Collins  of, 207 

GREEN  COUNTY— 

Location  of  swamp  lands  confirmed  in r»8 

Auditor  to  issue  wan  ant  (o  H.  J.  Br(M?land,  .     58 

["J 
HADEN,  ROBT.  D.— 

for  the  protection  of 282 

Monies  authorized  to  I'C  pain   ■  v.t  bv :  83 

HAMER,  C.  F.— 

Authorized  to  manumit  hi.  f, 238 

HANCOCK.  COUN  PY— 

To  change  the  time  of  holding  Pi  ■  .  ate  court  in,  4u 
To  reduce  the  salary  of  the  I'rohutc  Ju(lg<-,. .  76 
To  reduce  the  ba^a:y  urii.'uibcrs  ot  Boaids  <>f 

Police, '...-..... U 

For  the  relief  of  J .  I),  i  -avis  of ^5 

To  reduce  the  pay  of  petit  and  grand  jurors,.    1 3*» 

To  reduce  the  taxes  of J ^.t 

HARRISON  COUNTY— 

To  authorize  clerk  to  remove  records 206 

Board  of  Police  to  pay  expenses   of  such  re- 
moval,      203 

HINDS  COUNTY— 

Transcripts  of  records  ordered  to   be  copied 
by  Police  court,  when  certified  to,  received 

as  evidence, 52 

To  legalize  the  assessment  roll  of.  for  1S6I,.  .    116 
Probate  court  invested  with   power  to   take 
charge  of  last  will,  <fec.,  of  J.  W.  Morrison  111 

For  the  relief  of  W.  R.  Hooker v6d 

To  remove  the  civil  disabilities  J.  E.  Tarplcy 

of, IWl 

To  remove  the  civil  disabilities  of  Shepherd 

Washington  of, ;   27l 

HOLMES COUNTY— 

To  repeal  act  incorporating  town    of  MonC- 
gomery, M 


32tJ  INDEX. 

MOLMKS  COUNTY— 

Certain  pcr-^ons  named  tocons'ituto  a  perman- 
ent Board  ot  Trustees  of    Central    Missis- 

fiippi  Female    Colleoe  of,   ... 208 

To  authorize  Wm.  Noel,  administrator  of  S. 
Sample,  deceased,  of,    to   purchase  certain 

land, 210 

Title  to  be  made  in  name  of  legatees, 210 

HOOKER,  WM.  RICE  - 

For  reliolof 269 

HOUSTON— 

To  repeal  act  prohibiting  sale  of  vinous  and 

spirittnis  liquors  in 277 

HUG  GINS  W.  T.— 

For  reliel  of 107 

■      [I] 

ISSAQUENA  COUNTY— 

For  the  relief  of  W.  H.  Browning,  of, 119 

To  .=iuapend  the  collection  of  taxes  for  1862, in,  146 
In  relation  to  the  navigation  of  Deer  Creek,  206 
Suits  to  bo  entered  for  damages  to  bridges,  &c.  206 
Toll  gates  to  be  erected  upon  Public  roads,       246 

ITAWAMBA.  COUNTY— 

For  the  relief  of  W.  D.  Clifton,  deceased,        107 

[J] 

JACKSON  GAS-LIGHT  COMPANY— 

xVuditor  to  issue  warrant  in  favor  of, 129 

JACKSON,  CITY  OF— 

To  amend  Charter, 128 

Mayor  and  Aldermen  to  have  certain  powers,  128 

JACKSON  COUNTY— 

Location  of  swamp  lands  confirmed, 58 

Warrant  to  isswe  to  H.  Krebs, 58 

To  legalize  the  assessment  of  taxes  of, 84 

Board  of  Police,  when  to  levy  tax, 8J 

To  reduce  the  price  of  Swamp  and  overflowed 

lands  in, 11* 

Board  of  Police  to  perform  duties  of  school 
commissioners  of, 11^ 

JASPER  COUNTY— 

To  repeal  act  regulating  fees  ol  officers  of,. . .     88 

*  •        Chapter  eight,  Revised  Code  rerired,  in, 88 

For  the  relief  of  the  Probate  Clerk  of, 121 


INDEX,  327 

JEFFERSON  COUNTY— 

To  provide  for  the  collection   of  cci'tain  ar- 
rears of  taxis  for  18(>1,. 70 

Commissions  allowed  for  collecting-, 71 

JONES  COUNTY— 

To  reduce  the  salary  of  the  Probate  Judge  of.    91 
To  fix  the  pay  of  Memb'^r>  of  Board  of  Police,  91 
Pay  of  Inspectors  and  Clerks  of  election,..  . .     92 
Monies  arising  from  the  sa'e  of  estrays,  run- 
aways, &c.,  how  ap])ropriatcd  in,    96 

To  reduce  the  price  of  swamp  lands, 121 

[K] 

KEMPER  COUNTY— 

To  leduco  salary  of  Probate  Judge  of, 93 

Clerks  and   inspectors  of   elections   exempt 

from  road  duty  in, 93 

Pay  of  Members  of  I3oard  of  Police, 93 

To  suspend  the  collection  of  Mobile  and  Ohio 

Railroad  tax  in, 264 

[L] 

LAUDERDALE  COUNTY— 

Compensation  to  inspectors  and  clerks  of  elec- 
tion of, 86 

Jurors  of  coroners  inquests  of, 86 

Officers  exempt  from  road  duty, 86 

Salary  of  Members  of  Board  of  Police, 86 

Pay  of  petit  jurors  in, 87 

For  the  relief  of  the  clerk  of, 121 

To  provide  for  indexing  papers  in   Probate 

Courts  in, 142 

Board  of  Police  to  proTide  compensation,  . .  .   142 

LAFAYETTE  COUNTY— 

To  reduce  the  salary  of  Probate  Judge  of,. . .     96 

For  the  relief  of  W.  G.  Martin,  of, 204 

For  the  relief  of  H.  J.  Terrill,  of, 248 

LANDS- 

Register  to  sell  to  Thomas  S.  Red,  certain,. .   267 
Expense  of  surrey  of, 267 

LBAKB  COUNTY— 

J.    C.   Quinn,  T.  C.   R&sberry  and  W.  A.  L. 

Harris,  of, 128 

For  the  relief  of  the  Sheriff  and  Treaflurer  of,  205 


328  INDKX. 

LEVEE  COMMIS>>TONERS— 

Salary  of  oflicers  of, • 224 

LEWIS,  TH OS.  E.— 

For  the  relief  of, '. . .  .   239 

LOCK,  L.  J.— 

For  the  relief  of, 94 

[M] 

MARION  COUNTY— 

To  reduce  the  salary  of  Probate  Judge  of, . .  .     96 

To  suspend  W^r  a  lisnited  period  chapter  9  Re- 
vised Codt!.  so  '':)r  as  it  relates  to, 195 

MASSIE,  J.  B.— 

For  the  relirf  of,   244 

MAYES,  D.— 

For  the  reli.f  of  tlic  estate  of, 280 

MARTIN,  W.  G.— 

For  the  relief  of, 204 

McMANUS  RIFLES— 

Chief  of  Ordnance  authorized   to   issue   car- 
tridq;e  aid  cap  boxes  to, 78 

McDonald.  HUCr^i— 

For  the  reiief  of, 109 

McAMIS,  JAMES— 

For  the  benefit  of, 221 

McGEHEE,  MILES  H.— 

For  the  relief  of, 222 

[N] 

NATCHEZ— 

To  amend  charter  of  the  City  of, 253 

City  patrol  to  be  organized, 253 

City  officers,  how  elected, 253 

NESHOBA  COUNTY— 

Fees  of  officers  reduced, 71 

To  legalize  the  assessment  roll  of,. 122 

For  the  relief  of  Hugh  McDonald  of, 197 

To  legalize  and  confirm  the  sale  of  certain 
lands  in, 226 

NEWTON  COUNTY— 

For  the  relief  of  Isham  Dansby  of, 88 

To  confirm  the  location  of  swamp  and  OTCr- 
flowed  lands, 198 


INDEX.  321) 

NEW  ORLEANS,  JACKSON  &  GREAT  N.  R.  R.— 
Governor  and  Mayor    not  to   vote   at  elec- 
tions of,  for  directors  of, 101 

Three  citizens  to  be  appointed  to  represent 

stock  owned  by  Mississippi  in 101 

Notes  to  circulate  as  money,  to  be  issued  by,  238 

[0] 

OAKLAND— 

To  amend  charter  of  the  town  of, 270 

Boundary 270 

[P] 

PONTOTOC  COUNTY— 

To  reduce  the  salary  of  the  Judge  of, 126 

PRADAT— 

To  change  the  name  of  R.  E.  C,  A.  C.  A., 
M.  L.  and  C.  C.  A 210 

[Q] 
QUINN,  J.  D.— 

For  the  relief  of, 216 

[R] 
RANKIN  COUNTY— 

To  reduce  the  salary  of  the  Probate  Judge  of,  128 
For  the  relief  of  L.  D.  Rhodes,  sheriff  of,. . .   237 
RESOLUTIONS- 

Appropriating  cartridge  boxes  to  Smith-Quit- 
man Rifles, 67 

Authorizing   Chief    of   Ordnance   to   equip 

Fireside  Defenders, 67 

In  relation  to  furnishing  the  Newton  Rebels 

with  cartridge  and  cap  boxes 68 

Appropriating  cartridge  and  cap  boxes  to 
Lafayette  Sharpshooters,  and  other  volun- 
teer companies, 73 

Granting  leave  of  absence  to  W.  H.  Clark,.     78 

In  relation  to  enrolled  bills, 216 

Keeper  of  capitol  to  distribute  certain  books,  217 

In  relation  to  State  Treasurer, " 

In  relation  to  the  shipment  of  cotton, 218 

Authorizing  the  Grovernor  to  use  certain  mo- 
neys      " 


330  DTDEI. 

RESOLUTIONS— 

Kelating  to  claima  against  the  Lunatic  Asy- 
lum,    210 

Joint — disbanding  60  day  troops, 224 

Autliorizing    librarian   to   purchase    certain 

books, 226 

RHODES,  L.  D.— 

For  relief  of, 23Y 

[S] 

SCOTT  COUNTY— 

To  prevent  the  sale  of  liquor  within  5  miles 

of  the  town  of  Morton,  in, 250 

Druggists  may  sell,  &c 250 

Not  less  than  ten  gallons, 250 

Affidavit  to  be  filed  in,  of  clerk  of, 251 

Penalty  for  violation, *' 

Probate  Court,  when  to  be  held, 257 

SHIPP,  0.  W.— 

For  Ihe  relief  of, 129 

SIMPSON  COUNTY— 

To  prevent  the  sale  of  vinous  and  spirituous 
liquors, .     74 

SMITH  COUNTY— 

Board  of  Police  to  use  certain  monies, 72 

Ranger  and  county  treasurer  to  take  county 

claims,  &c 72 

For  the  relief  of  L.  J.  Lock,  of. 94 

STARKE,  P.  B.— 

Appropriation  to  arm  and  equip  a  regiment 

raised  by, 102 

Bond  to  be  given  for  said  appropriation, ....  " 
Arms  to  belong  to  State,  and  to  be  returned, .  " 
To  return  certain  moneys  in  certain  cases, .  .   208 

STEARNS,  W.  F.— 

For  the  relief  of, 288 

SUNFLOWER  COUNTY— 

Assessments  of  lands  in, 47 

For  the  relief  of  the  probate  clerk  of, 121 

To  suspend  the  collection  of  taxes  for  18C2, 

in, 14» 

Toll-gates  to  be  erected  on  public  roads  in,. .  20 


INDEX,  331 

[T] 

TALLAHATCHIE  COUNTY— 

To  suspend  the  collection  of  taxes  ior  1862, 

.  .      in, ...  146 

Mtt  '       Leave  of  absence  granted  to  probate  judge 

^^  of, 262 

TARPLEY,  JOHN  ESTELLE— 

To  remove  the  civil  disabilities  of, 271 

TERRILL,  H.  J.— 

For  the  relief  of, 218 

TH^PAH  COUNTY— 

Salary  of  treasurer  of, 89 

To  reduce  salary  of  probate  judge, 91 

For  the  relief  of  W.  P.  Baldwin,  of, 115 

TISHOMINGO  COUNTY— 

Salary  of  probate  judge, : 75 

To  repeal  act  in  relation  to  Circuit  and  Chan- 
cery courts  of, • 97 

Former  prosecutions,  subpoenas,  &c.,  to  be  re- 
turned to  Jacinto  in, • 98 

Books,  papers,  record^,  <fec,  <fec.,  to  be  remov- 
ed from  Cdrinth  to  Jacinto  in, 98 

TISHOMINGO  RANGERS— 

To  provide  for  equipping  the,   256 

Bond  required, • 256 

Board  of  Police  to  sell  poor  house, 276 

TILLATOBA  GREYS— 

For  the  relief  of, 205 

TORRY,  G.  G.— 

For  the  relief  of,   245 

TUNICA  COUNTY— 

To  increase  thefecfor  apprehending  slaves  in,  119 
To  suspend  the  collection  of  taxes  for  1862, 

in, 14tt 

Board  of  Police  may  order  sal©  of   echool 

lands  in...... 202 

Funds  how  applied, " 

Lands  under  control  of  board  of  police  of,.     " 
Sheriff  to  pay  over  mon«yi!, 205 

[V] 
TICKSBURG— 

Salary  of  mayor  of,  to  amend  chartw  of  city 
•f 52 


332  INDEX. 

VICKSBURG,  SHREVEPORT  &  TEXAS  RAIL- 
ROAD— 

Collection  of  tax  suspended 9t 

VERONA— 

To  prevent  the  sale  of  intoxicating  liquor  in,  123 
Penalty  for  violation, " 

[W] 
WALKER,  A.  J.— 

For  the  relief  of, 255 

WARREN,  NELSON  T.— 

For  the  relief  of, 51 

WARREN  COUNTY— 

District    Attorney   appointed    in    Criminal 

Court,  50 

Compensation  of  such  attorney  to  be  deducted,  50 

Vacancies,  how  filled, 50 

Elections  held  by  order  of  Governor  valid,.  51 

To  increase  the  pay  of  the  sheriff  of, 115 

To  provide  for  indexing  papers  in  probate 

offices  in, 142 

To  increase  the  pay  of  the  clerk  of  criminal 

court  of, 215 

Keeper   of    capitol  to   (li^^tribiite    books   to 

clerk  of  Circuit  court  of, 217 

Toll-gates  to  be  erected  on  public  roadsrin,. .  240 

To  levee  township  14  in, 241 

When  levee  to  be  consti  ucted, 241 

Dimensions, " 

Superintendent  when  to  be  elected, " 

Salary  of  Superintendent, " 

Powers  of  levee  board, 242 

When  to  be  completed, " 

Work  let  to  lowest  bidder, 242 

Notice  of  sale  to  be  given, " 

Two  years  to  redeem, 243 

Time  may  be  extended, '' 

For  the  relief  of  the  heirs  of  Mrs.   E.   S. 

Brungarde,  of, 260 

To  legalize  the  assessment  of  taxes  for  1861,  282 

Compensation  to  assessor  of, 282 

WASHINGTON  COUNTY— 

Board  of  Police  may  examine  and  receive  the 

assessment  roll  of, 108 

Three  commissioners  to  lay  out  roads  in, 118 


# 


INDEX.  B33 

WASHINGTON  COUNTY— 

Road  taxes  how  applied, 113 

Boguc  Phaliah  declared  navigable  in, 118 

Penalty  for  obstructing  stream, " 

To  increase  the  fee  for  apprehending  slaves 

in, 119 

To  suspend  the  collection  of  taxes  for  1862, 

in,.    ;...   146 

Toll-gates  to  be  erected  on  public  roads  in, .  .   1:40 
To  extend  act  regulating  iees  of  the  clerk  of 
the  Circuit  and  Chancery  courts  to, 263 

WASHINGTON,  S.— 

To  remove  the  civil  disabilities  of, 271 

WINSTON  COUNTY- 

To  legalize  the  acts  of  the  a^  essor  of,   113 

WHITE,  JOHN— 

For  the  relief  of, 223 

WHARTON,  T.  J.— 

For  the  relief  of, 280 

WAYNE  COUNTY— 

To  legalize  the  assessment  of, 196 

For  the  relief  of  Amos  P.  Evans,  of, 239 

WYNN.  W.  B.— 

For  the  relief  of, 259 

[Y] 
YAZOO  COUNTY— 

Legalize  assessment  of  lands  in, 46 

To  suspend  the  collection  of  taxes  for  1862  in,  146 
Toll  gates  to  be  erected  on  public  roads  in..   240 
YALOBUSHA  COUNTY— 

School  moneys  to  be  paid  over 82 

To  reduce  the  salary  of  the  Probate  Judge  of,  127 
To  amend  charter  of  the  town  of  Oaklau  I  in,  270 

YERGER,  J.  S. 

for  the   relief  of, ....   214 


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